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HomeMy WebLinkAboutUntitled (2) 3/4 si 411 RESOLUTION APPROVING AND ACCEPTING SURFACE WATER DRAINAGE EASEMENT AND AGREEMENTS WHEREAS, the Village of Oak Park Heights, Washington County, Minnesota has heretofore constructed a surface water drainage line across the property in said Village hereinafter described, and, WHEREAS, certain owners of said lands have by means of surface water drainage easement and agreements granted unto said Village the right, privilege, easement and authority to install, operate, maintain, repair, replace or remove a surface water drainage line across the following described real estate • owned by said grantors in the County of Washington, State of Minnesota, said grantors and said real estate being described as follows, to-wit: Richard Newman That part of the Northwest Quarter & Arlene Newman of the Northeast Quarter (NWT of NE4) of Section Three (3) , Township Twenty- nine (29) , Range Twenty (20) . Lawrence C. Larson That part of the Northwest Quarter of the Northeast Quarter (NWT of NE4) and the Northeast Quarter of the Northwest Quarter (NE' of NW's) of Section Three (3) , Township Twenty-nine (29) , Range Twenty (20) , Washington County, Minnesota. NOW THEREFORE BE IT RESOLVED, that said easements across said lands may be and hereby are approved and accepted. BE IT FURTHER RESOLVED, that the Village attorneys, Eckberg & Lammers be and hereby are authorized and directed to record said surface water drainage easement and agreements in the office of the Washington County Register of Deeds. Adopted by the Village Council this y' day of 1968. My.r Attest: TEMPORARY EASEMENT AND AGREEMENT THIS INDENTURE , made this day of 1983, by and between Donald Gladson and Cheryl L. Gladson, husband and wife, parties of the first part ; and the City of Oak Park Heights , Washington County, Minnesota, party of the second part . WITNESSETH: WHEREAS , Donald Gladson and Cheryl L. Gladson are the equitable owners of the real estate hereinafter described. That for and in consideration of the sum of One Dollar ($1.00 ) and other good and valuable considerations, the receipt whereof is hereby acknowledged, the parties of the first part , have this day bargained and sold , and by these presents , do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns , two temporary slope easements , such rights-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing sewer and water extensions , and the further right to remove bushes , trees , undergrowth , and other obstructions interfering in the location and construction of said sewer and water extensions . That said easements and rights-of-way located in the County of Washington , State of Minnesota, are described as follows , to-wit: Temporary Construction Easement No. 1 for storm sewer - purposes over , under and across the following described property: the west 15 feet of the south 30 feet of Lot 9 , Block 2 , Beaches Addition to Oak Park as the same is platted and of record in the office of the County Recorder in and for Washington County, Minnesota. a. 268214 . . " SURFACE WATER DRAINAGE EASEMENT AND AGREEMENT KNOW ALL MEN BY THESE PRESENTS, That Richard L. Newman and Arlene Newman, husband and wife, hereinafter called "Grantors" for and in consideration of the sum of One Dollar and other good and valuable consideration to them in hand paid by the Village of Oak Park Heights, a municipal corporation, of the County of Washington, State of Minnesota, hereinafter called "Grantee" and in consideration of the faithful performance by the parties hereto of the covenants hereinafter contained, to be kept and performed by said parties, do hereby grant unto said Grantee the right, privilege, easement and authority to install, operate, maintain, repair, replace or remove a surface water drainage line across the following described real estate owned • by said Grantors in the County of Washington, State of Minnesota, to-wit: An easement for a surface water drainage line over part of the Northwest one fourth (4) of the Northeast one fourth (') of Section Three (3) , Township Twenty Nine (29) , Range Twenty (20) , described as follows, to-wit: Commencing at a point seven (7) rods and twenty one (21) lengths West of the one fourth (14) post on the North line of said Section Three (3) , thence South fourteen (14) degrees, thirty (30) minutes East one hundred and 50 feet (150) ; thence East two hundred and 30 (230) 'feet; thence North one hundred forty eight point twenty seven (148.27) feet more or less to the North line of said Section Three (3) ; thence West on said last mentioned line to the place of beginning, said easement being described as follows, to-wit: The North ten (10) feet of the South twenty (20) feet of the property above described. the parties hereto, hereby, specifically covenant to keep and perform, the following terms, covenants and conditions, to-wit: 144%*I�� r K- 1. The easement granted herein gives the Grantee, its successors and assigns, the right and privilege to enter upon the premises described herein at any time they may see fit and construct, maintain and repair said surface water drainage line, for the ,purpose of v cone in . Y g surface water over, across, through and tanner the lands hereinbefore described together with the right to excavate and refill : ditches and/or trenches for the location of said surface water drainage line and the further right to remove trees, bushes and undergrowth for the construction and maintenance of said surface water drainage line. 2. It is agreed that Grantee shall restore said premises, as nearly as possible, to the same condition as it was prior to the time of said excavation for said surface water drainage line and in the event of repair or maintenance of said line, restore said premises to nearly the same conditions as practical as it was prior to said excavation. It is further agreed that Grantee will restore any fencing that is necessary to remove or become damaged during the process of excavating or the subsequent repair of said line. 3 . It is further agreed that as part of the consideration of this grant, Grantorswill not be assessed for the construction, maintenance and repair of the above described surface water drainage line. 4. In the event Grantee at any time discontinues the use of the property for the purposes granted herein, then and in such event, this easement together with all rights and privileges granted hereunder shall terminate. Grantee in -its use of the property shall comply with all pertinent laws, codes and nd ordinances. , ) ,„ n 4 4 * 0 CD ,* CD CO 0 icZL8 0 &CL SI 0 0 . t.,(„1 - c-o* = --• 0 0 a ''' 0" CO 0 0 I': 0 M ■.-* 0 -•• -• ei -• 0 E C3 = Z 0> as 3 g a • Dir 0 -- ce, V) .... ...• ".". _ .7... •-••• t 0) * = GO -, a. • _, = ,•,:, . „, m " n, ■•••• c-, ... ca r> co o • --, c V, 0 EL c‘ 3 • IN WITNESS WHEREOF, the said parties have caused this instrument to be executed this ioe.164 day of , 1968. 1J :1Vo, 7ztI4 , / Richard L. Newman ,/ Arlene Newmaii IN THE PRESENCE OF: q-12 VILLA OF OAK PARK :.:16hW,.; By : - . • Mry: ;.7 A . -3- /1r A' TEMPORARY EASEMENT AND AGREEMENT THIS INDENTURE , made this day of 1982 , by and between Mary F. Bieginq party of the first part ; and the City of Oak Park Heights , Washington County, Minnesota, party of the second party. WITNESSETH: WHEREAS , Mary F. Bieging is the owner(x) in fee simple of the real' estate hereinafter described. That for and in consideration of the sum of One Dollar ($1 .00) and other good and valuable considerations, the receipt whereof is hereby acknowledged, the party of the first part , has this day bargained and sold, and by these presents , does bargain, sell and transfer unto the City of Oak Park Heights , its successors and assigns , a temporary slope easement , such right-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing sewer and water extensions , and the further right to remove bushes , trees , undergrowth, and other obstructions interfering in the location and construction of said sewer and water extensions . That said easement and right-of-way located in the County of Washington, State of Minnesota, is described as follows , to-wit: SEE ATTACHED FOR LEGAL TO HAVE AND TO HOLD, said easement and right-of-way unto the City of Oak Park Heights , Washington County , Minnesota, its successors and assigns until July 31 , 1983 at which time the said easement shall cease. The party of the first part does hereby covenant with the City of Oak Park Heights , that she is lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of said excavation for sewer and water extensions and that party of the second party will restore any fencing that it is necessary to remove or becomes damaged during the process of excavating. It is further understood and agreed that party of the second part will forthwith re-sod all areas , where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of excavating. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of excavating. 9 IN WITNESS WHEREOF , the said parties have caused this instrument to be executed this day of , 1982 . IN PRESENCE OF : PARTY OF THE FIRST PART ry r . =ieging 1 STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public within and for said County, personally appeared Mary F. Bieging to me known to be the person described in, and who executed the foregoing instrument , and acknowledge that she executed the same as her free act and deed. Notary Public IN PRESENCE OF : CITY OF OAK PARK HEIGHTS PARTY OF SECOND PART ' BY ALI Its Mayor 141/1 1. r.r.. / By _.t �... - is Clerk STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public , in and for said County and State appeared and to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights , the municipal corporation described in and who executed in behalf of said City of Oak Park Heights , by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights . Notary Public THIS INSTRUMENT DRAFTED BY: Lyle J . Eckberg 126 South Second Street P . O. Box 40 Stillwater , MN 55082 The North 15 feet of the following-described property: All that part of the NWq of the NWT of Section 4, Township 29 North, Range 20 West, described as follows: Beginning at a point on the South Right-of-way line of State Trunk Highway No. 212, said point being 633 feet east of the west line of Section 4, Township 29 North, Range 20 West, thence South and parallel to the west line of said Section 4, a distance of 524 . 24 feet, thence East and parallel to the North line of said Section 4 a distance of 200 feet, thence North and parallel to the west line of said Section 4, a distance of 524 . 52 feet to the South Right-of-way line of State Trunk Highway No. 212, thence west along said South Right-of-way line a distance of 200 feet to the place of beginning. 1 • TEMPORARY EASEMENT AND AGREEMENT THIS INDENTURE , made this day of 1982 , by and between C. C. Kirschenman and Jeanne Ellen Kirschenman, husband and wife parties of the first part ; and the City of Oak Park Heights , Washington County, Minnesota, party of the second part WITNESSETH: WHEREAS , C. C. Kirschenman and Jeanne Ellen Kirschenman are the owner( s ) in fee simple of the real''estate hereinafter described. That for and in consideration of the sum of One Dollar ($1 . 00 ) and other good and valuable considerations , the receipt whereof is hereby acknowledged, the parties of the first part, have this day bargained and sold, and by these presents , do bargain, sell and transfer unto the City of Oak Park Heights , its successors and assigns , a temporary slope easement , such right-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing sewer and water extensions , and the further right to remove bushes , trees , undergrowth, and other obstructions interfering in the location and construction of said sewer and water extensions . That said easement and right-of-way located in the County of Washington, State of Minnesota, is described as follows , to-wit : SEE ATTACHED FOR LEGAL TO HAVE AND TO HOLD, said easement and right-of-way unto the City of Oak Park Heights , Washington County, Minnesota , its successors and assigns until July 31 , 1983 at which time the said easement shall cease. The parties of the first part do_ hereby covenant with the City of Oak Park Heights , that they are lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better y a condition as it was prior to the time of said excavation for sewer and water extensions and that party of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of excavating. It is further understood and agreed that party of the second part will forthwith re-sod all areas , where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of excavating. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which . it is necessary to remove or damage during the process of excavating. IN WITNESS WHEREOF , the said parties have caused this instrument to be executed this f f day of ,(1-', 6/„.aarf,,s'' , 1982. IN PRESENCE OF : PARTIES OF THE FIRST PART 4 1x1 . .. � . , / /,i.0 i I C. 'C. i schenman r eanne Ellen Kirschenman STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public within and for said County, personally appeared C. C. Kirschenman and Jeanne Ellen Kirschenman, husband and wife, to me known to be the persons described in , and who executed the foregoing instrument , and acknowledge that they executed the same as their free act and deed. Notary Public IN PRESENCE OF : CITY OF OAK PARK HEIGHTS PARTY OF SE OND PART J, , / / i , "'t..I By /_t.. ..1 4.....4,......ie,..rt..1.-4411# / Its Mayor I s Clerk STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public , in and for said County and State appeared and to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights , the municipal corporation described in and who executed in behalf of said City of Oak Park Heights , by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights . Notary Public THIS INSTRUMENT DRAFTED BY: Lyle J . Eckberg 126 South Second Street P. O. Box 40 Stillwater , MN 55082 The North 15 feet of the following-described property: All that part of the NA of NW4 of Section 4, Township 29 North of Range 20 West, described as follows:;to-wit: Commencing at the NW corner of said Section 4 , thence East along the North line of said Section 4 , for 833 feet to the point of beginning; thence continuing East along said North line of Section 4 for 140 feet; thence South and parallel with the East line of said NW4 of NW4 for 555 .26 feet; thence West and parallel with the North line for a distance of 140 feet to a point; thence North 555 .62 feet more or less to the point of beginning; subject to easements and reservations of record. s TEMPORARY EASEMENT AND AGREEMENT THIS INDENTURE , made this day of 1982 , by and between Richard J. Anderson and Judith M. Anderson, husband and wife parties of the first part ; and the City of Oak Park Heights , Washington County, Minnesota, party of the second party. WITNESSETH: WHEREAS , Richard J. Anderson & Judith M. Anderson are the owner( s) in fee simple of the real' estate hereinafter described. That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations , the receipt whereof is hereby acknowledged, the parties of the first part , have this day bargained and sold, and by these presents , do bargain, sell and transfer unto the City of Oak Park Heights , its successors and assigns , a temporary slope easement, such right-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing sewer and water extensions , and the further right to remove bushes , trees , undergrowth, and other obstructions interfering in the location and construction of said sewer and water extensions . That said easement and right-of-way located in the County of Washington, State of Minnesota, is described as follows , to-wit: The North 15 feet of the following-described property: Commencing on the North line of Section 5 , Township 29 North, Range 20 West , 157 feet west of the Northeast corner of said Section 5 , thence south 565 feet; thence West 156 feet to a point; thence North 565 feet to the North line of Section 5; thence East to the point of beginning. w TO HAVE AND TO HOLD , said easement and right-of-way unto the City of Oak Park Heights , Washington County , Minnesota, its successors and assigns until July 31 , 1983 at which time the said easement shall cease. The parties of the first part do hereby covenant with the City of Oak Park Heights , that they are lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of said excavation for sewer and water extensions and that party of the second party will restore any fencing that it is necessary to remove or becomes damaged during the process of excavating. It is further understood and agreed that party of the second part will forthwith re-sod all areas , where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of excavating. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of excavating. IN WITNESS WHEREOF , the said parties have caused this instrument to be executed this day of , 1982 . IN PRESENCE OF : PARTIES OF THE FIRST PART R chards A •erson Ju/,' th M. Anderson 4 STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public within and for said County, personally appeared Richard J. Anderson and Judtih M. Anderson, husband and wife, to me known to be the persons described in, and who executed the foregoing instrument , and acknowledge that they executed the same as their free act and deed. Notary Public IN PRESENCE OF : CITY OF OAK PARK HEIGHTS PARTY OF SECOND ART A.�� _ �,_; By n4444 Its Mayor ��. Xd't By ■ .:_%61 I s Clerk STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public , in and for said County and State appeared and to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights , the municipal corporation described in and who executed in behalf of said City of Oak Park Heights , by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights . Notary Public THIS INSTRUMENT DRAFTED BY : Lyle J . Eckberg 126 South Second Street P . O. Box 40 Stillwater , MN 55082 ik TEMPORARY EASEMENT AND AGREEMENT THIS INDENTURE , made this day of 1982 , by and between Donald R. Anderson and Karen L. Anderson. husband and wife parties of the first part ; and the City of Oak Park Heights , Washington County, Minnesota, party of the second party. WITNESSETH: WHEREAS , Donald R. Anderson and Karen L. Anderson are the owner( s) in fee simple of the real' estate hereinafter described. That for and in consideration of the sum of One Dollar ($1 .00 ) and other good and valuable considerations, the receipt whereof is hereby acknowledged, the parties of the first part , have this day bargained and sold, and by these presents , do bargain, sell and transfer unto the City of Oak Park Heights , its successors and assigns , a temporary slope easement, such right-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing sewer and water extensions , and the further right to remove bushes , trees, undergrowth, and other obstructions interfering in the location and construction of said sewer and water extensions . That said easement and right-of-way located in the County of Washington, State of Minnesota, is described as follows , to-wit: SEE ATTACHED FOR LEGAL TO HAVE AND TO HOLD , said easement and right-of-way unto the City of Oak Park Heights , Washington County, Minnesota, its successors and assigns until July 31 , 1983 at which time the said easement shall cease. The parties of the first part do hereby covenant with the City of Oak Park Heights , that they are lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of said excavation for sewer and water extensions and that party of the second party will restore any fencing that it is necessary to remove or becomes damaged during the process of excavating. It is further understood and agreed that party of the second part will forthwith re-sod all areas , where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of excavating. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of excavating. IN WITNESS WHEREOF , the said parties have caused this instrument to be executed this day of 1982. IN PRESENCE OF : PARTIES OF THE FIRST PART Donald R. Anderson Karen L. Anderson STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public within and for said County, personally appeared Donald R. Anderson and Karen L. Anderson, husband and wife, to me known to be the persons described in, and who executed the foregoing instrument , and acknowledge that they executed the same as their free act and deed. Notary Public IN PRESENCE OF : CITY OF OAK PARK HEIGHTS PARTY OF SECOND 'ART 4IP . 4 BY AO 4 , / Its Mayor s e;; 44/ 1 I s Clerk STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public , in and for said County and State appeared and to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights , the municipal corporation described in and who executed in behalf of said City of Oak Park Heights , by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights . Notary Public THIS INSTRUMENT DRAFTED BY: Lyle J . Eckberg 126 South Second Street P. O. Box 40 Stillwater , MN 55082 The North 15 feet of the following-described property: That part of the N2 of the NE4 of Section 5, Township 29 North, Range 20 West, as follows: Commencing at the NE corner of Section 5, Township 29 North, 2 Range g 20 West, and running thence westerly along the North line of said Section 5, 157 feet to a point; thence South and perpendicular to said North line of Section 5, 565 feet to a point; thence East and perpen- dicular to the last described line, 157 feet to the East line of said Section 5, the same being the center line of the so-called Speed Bowl Road; thence North along the East line of said Section 5, 565 feet to the point of beginning, subject to right-of-way and easements of record. MINNESOTA DEPARTMENT OF HEALTH ry g '� Division of Environmental Health Report on Plans and Specifications for Watermains Location Oak Park Heights Date Examined October 23, 1982 Prepared and Submitted by Bonestroo, Rosen, Anderlik & Associates, Inc., 2335 West Trunk Highway 36, St. Paul• Minnesota 55113 Ownership Municipal Date Received October 21, 1982 Scope - This report covers the design of this project insofar as the safety and sanitary quality of the water for public consumption may be affected, and applies to this project only and not to the entire system or any other part thereof. This project consists of the construction of 1,700 lineal feet of 12—inch, 860 lineal feet of 84nch, and 750 lineal feet of 6.inch ductile iron pipe watermain for AidersourUsdquist water extensions. Recommendations - (Recommendations marked with X should be incorporated into the design of this project.) 0 Watermains shall be laid at least 10 feet horizontally from any sanitary sewer, storm sewer or sewer manhole, whenever possible. When local conditions prevent a horizontal separation of 10 feet, a watermain may be laid closer to a storm or sanitary sewer provided that: a. the bottom of the watermain is at least 18 inches above the top of the sewer, b. where this vertical separation cannot be obtained, the sewer shall be con- structed of materials and with joints that are equivalent to watermain standards of construction and shall be pressure tested to assure water- tightness prior to backfilling. © Watermains crossing house sewers, storm sewers, or sanitary sewers shall be laid to provide a separation of at least 18 inches between the bottom of the watermain and the top of the sewer. When local conditions prevent a vertical separation as described, the following construction shall be used: a. Sewers passing over or less than 18 inches below watermains shall be con- structed of materials equal to watermain standards of construction. b. In addition, sewers passing over watermains shall be protected by providing: (1) a vertical separation of at least 18 inches between the bottom of the sewer and the top of the watermain, (2) adequate structural support for the sewers to prevent excessive deflection of joints and settling on and breaking of watermains, (3) that the length of water pipe be centered at the point of crossing so that the joints will be equidistant and as far as possible from the sewer. 0 It is understood that the installation will be in accordance with previously approved specifications. © The watermain should be pressure tested at 150 psi for at least two hours in accordance with AWWA Standards. OVER ��c OSL wl 04 144 1 _2- © The completed watermains shall be disinfected for 24 hours with 50 ppm available chlorine. At the end of the disinfection period, the residualghall be at least 25 ppm throughout the length of the main. D• All tees, bends, and hydrants should be provided with reaction blocking, tie rods or joints designed to prevent movement. 0 Specifications should incorporate the provisions of the AWWA Standards and manufacturers' recommended installation procedures. Q It is recommended that fire hydrants not be placed on the dead-end of 6-inch wateraains. • 0 Hydrants placed where the groundwater table is less than 8 feet below the ground surface shall have the drain hole plugged and be equipped with a tag stating the need for pumping after use. © Hydrant drains shall not be connected to or located within 10 feet of sanitary sewers or storm drains. Compliance - NO CONSTRUCTION SHALL TAKE PLACE EXCEPT IN ACCORDANCE WITH THE APPROVED PLANS. If it is desired to make deviations from the approved plans, the State Department of Health should be consulted and approval of the changes obtained before construction is started; otherwise, such construction is installed without proper approval, and in addition may create dangers to public health. Conclusion The plans and specifications on this waterworks project are in general accordance with the requirements of the Minnesota Department of Health, and are recommended for approval with the understanding as stated in the preceding paragraphs, and with the usual reservations as stated on the appended sheet, entitled "Information Relative to Plan Examination." • rHll' Approved: Milton R. **Mu, P.B. Public Health Engineer 612/623-5517 Richard D. Clark, P.E. , Supervisor Engineering Unit t :b jp cc: City of Oak Park gsights �1 Honestsee, Rosan, Anderlik & Associates, Itc. Rstropo'iitan Council MINNESOTA DEPARTMENT OF HEALTH Division of Environmental Health Information Relative to Plan Examination The examination of plans and specifications for water supply and sewerage systems (Regulation MHD 136(a) ) , plumbing systems (Regulation MHD 139(a) (1) ) , and swimming pools (Regulation MHD 141(c) ) , is made to provide information concerning the sanitary features of projects presented for consideration in accordance with the above regulations of the Commissioner of Health. The approval of such plans is given upon the supposition that the survey and other data on'which the design is based are correct, and that necessary legal authority has been obtained to construct the project. The responsibility for the design of structural features and the efficiency of equipment must be taken by the engineer or architect who designs the project. Water supply plans are examined with regard to the location, construction and operational features of the design and maintenance of all parts of the system which may affect the safety and sanitary quality of the water. Examination is based on the standards of this Department. Plans of sewage disposal systems considered by this Department are limited to those systems that can utilize soil absorption. They are examined with regard to the features of design which concern location, construction, operation and maintenance of the system and which may affect the public health. The examination is based upon information contained in 6 MCAR § 4.8040 "Individual Sewage Treatment Systems standards," 1978. Plans on plumbing systems are examined only insofar as the provisions of the Minnesota Plumbing Code apply. Swimming pool plans are examined with regard to the features of location and design which may affect the safety and sanitary quality of the water for public bathing. The examination is based upon Regulation MHD 141, Public Swimming Pools. The Commissioner of Health reserves the right to withdraw his approval of plans if construction of the project is not undertaken within a period of two years. The fact that plans have been approved by the Commissioner of Health does not necessarily mean that recommendations for alterations or additions may not be offered at some later time when changed conditions or advanced knowledge make improvements necessary. 11/80 TEMPORARY EASEMENT AND AGREEMENT THIS INDENTURE , made this /'5 day of AYWO 4'Ik , 1982 , by and between Edward T. Johnston and Yvonne L. Johnston, husband and wife parties of the first part ; and the City of Oak Park Heights , Washington County, Minnesota, party of the second party. WITNESSETH: WHEREAS , Edward T. Johnston and Evonne L. Johnston are the owner( s) in fee simple of the real' estate hereinafter described. That for and in consideration of the sum of One Dollar ($1 .00) and other good and valuable considerations , the receipt whereof is hereby acknowledged, the parties of the first part , have this day bargained and sold, and by these presents , do sell and transfer unto the City of Oak Park Heights , its successors and assigns , a temporary slope easement, such right-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing sewer and water extensions , and the further right to remove bushes , trees , undergrowth, and other obstructions interfering in the location and construction of said sewer and water extensions . That said easement and right-of-way located in the County of Washington, State of Minnesota, is described as follows, to-wit: SEE ATTACHED FOR LEGAL M • TO HAVE AND TO HOLD , said easement and right-of-way unto the City of Oak Park Heights , Washington County , Minnesota , its successors and assigns until July 31 , 1983 at which time the said easement shall cease. The parties of the first part do covenant with the City of Oak Park Heights , that they are lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of said excavation for sewer and water extensions and that party of the second party will restore any fencing that it is necessary to remove or becomes damaged during the process of excavating. It is further understood and agreed that party of the second part will forthwith re-sod all areas , where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of excavating. It is further understood and agreed that party of the second part will replace all driveways and sidewalks. which it is necessary to remove or damage during the process of excavating. IN WITNESS WHEREOF , the said parties have caused this instrument to be executed this /(5 day of Attract-W-l/lt- 1982. IN PRESENCE OF : PARTIES OF THE FIRST PART *ward T. Jo .n .•" Yvonne L. Johns n The North 15 feet of the following-described property: that part of the NWT of NWT of Section 4 , Township 29 All p a a P North, Range 20 West, described as follows, to-wit: Commencing at the Northwest corner of said NW4 of NW4; thence East along the North line thereof for a distance of 973 feet to a point, thence South parallel with the East line of said NW4 of NW4 for 555 .62 feet, more or less, to a point in the North line of the property sold to Bill J. Pauley and wife; thence East on the North line of said Pauley property to a point on the East line of said NA of NW4 555. 62 feet South of the Northeast corner of the NW4 of NA; thence North on said East line to the Northeast corner thereof, thence West along the North line of said NW4 of NW4 to the point of beginning, subject to easements and restrictions of record. STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public within and for said County, personally appeared Edward T. Johnston and Yvonne L. Johnston, husband and wife, to me known to be the persons described in, and who executed the foregoing instrument , and acknowledge that they executed the same as their free act and deed. Notary Public IN PRESENCE OF : CITY OF OAK PARK HEIGHTS PARTY OF SECOND PART �►-- - ., By 94404 / rr Its Mayor j /( Its Clerk STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public , in and for said County and State appeared and to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights , the municipal corporation described in and who executed in behalf of said City of Oak Park Heights , by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights . Notary Public THIS INSTRUMENT DRAFTED BY: Lyle J . Eckberg 126 South Second Street P . O. Box. 40 Stillwater , MN 55082 TEMPORARY EASEMENT AND AGREEMENT THIS INDENTURE , made this kJ day of 1982 , by and between David C. Linguist and Mabel L. Linguist, husband and wife parties of the first part ; and the City of Oak Park Heights , Washington County, Minnesota, party of the second party. WITNESSETH: WHEREAS , David C. Linguist and Mabel L. Linguist are the owner( s) in fee simple of the real' estate hereinafter described. That for and in consideration of the sum of One Dollar ($1 .00) and other good and valuable considerations , the receipt whereof is hereby acknowledged, the parties of the first part , have this day bargained and sold, and by these presents , do_ bargain, sell and transfer unto the City of Oak Park Heights , its successors and assigns , a temporary slope easement, such right-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing sewer and water extensions , and the further right to remove bushes , trees , undergrowth, and other obstructions interfering in the location and construction of said sewer and water extensions . That said easement and right-of-way located in the County of Washington, State of Minnesota, is described as follows, to-wit : The North 15 feet of the following-described property: The W 100 feet of the E 613 feet of the N 325 feet of the NE4 of NE4 of Section 5, Township 29 North, Range 20 West. AND The W 100 feet of the E 713 feet of the S 100.5 feet of the N 325 feet of the NE4 of NE4 of Section 5, Township 29 North, Range 20 West. 9 TO HAVE AND TO HOLD, said easement and right-of-way unto the City of Oak Park Heights , Washington County , Minnesota, its successors and assigns until July 31 , 1983 at which time the said easement shall cease. The parties of the first part do hereby covenant with the City of Oak Park Heights , that they are lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of said excavation for sewer and water extensions and that party of the second party will restore any fencing that it is necessary to remove or becomes damaged during the process of excavating. It is further understood and agreed that party of the second part will forthwith re-sod all areas , where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of excavating. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which . it is necessary to remove or damage during the process of excavating. IN WITNESS WHEREOF , the said parties have caused this instrument to be executed this /tday of /1�w" 1982. IN PRESENCE OF : PARTIES OF THE FIRST PART .,.- -'- - -to'., .-- .-----:-----.' ":,,,,,,‘„,,e David C. Lin uis L ti-i a -91 jill Mabel L. Linquist/I • STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) z, On this if of , 1982 , before me a Notary Public within and for said County, personally appeared David C. Linguist and Mabel L. Linguist, husband and wife to me known to be the persons described in, and who executed the foregoing instrument , and acknowledge tha they executed the same as their free act and deed. ommowwwwwwwimimmommorfootm NOTARY PUBLIC-MINNESOTA 1 Notary Public WASHINGTON COUNTY Ml'Gros Eepres Mx 12,UK OPIRAMOWWWWWWWWWWWWwww IN PRESENCE OF : CITY OF OAK PARK HEIGHTS PARTY OF SECOND ART /. By VAA„,4 s Mayor • , (349-14-4,--c... „air " / - -Its Clerk STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public , in and for said County and State appeared and to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights , the municipal corporation described in and who executed in behalf of said City of Oak Park Heights , by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights . Notary Public THIS INSTRUMENT DRAFTED BY : Lyle J . Eckberg 126 South Second Street P . O. Box 40 Stillwater , MN 55082 R /7 lJ/ �i 4 o TEMPORARY EASEMENT AND AGREEMENT THIS INDENTURE , made this (J day of David C. Linguist and Mabel L. Linguist, husband 1982 , by and between and wife; and Leighton W. Johnson and Karen L. Johnson, husband and wife, parties of the first part ; and the City of Oak Park Heights , Washington County, Minnesota, party of the second party. WITNESSETH: WHEREAS , the above-named parties of the first part are the owner(s) in fee simple of the real' estate hereinafter described. That for and in consideration of the sum of One Dollar ($1 .00) and other good and valuable considerations, the receipt whereof is hereby acknowledged, the parties of the first part, have this day bargained and sold, and by these presents , do bargain, sell and transfer unto the City of Oak Park Heights , its successors and assigns , a temporary slope easement, such right-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing sewer and water extensions , and the further right to remove bushes , trees , undergrowth, and other obstructions interfering in the location and construction of said sewer and water extensions . That said easement and right-of-way located in the County of Washington, State of Minnesota, is described as follows, to-wit: The North 15 feet of the following-described property: The West 200 feet of the East 513 feet of the North 325 feet of the NE4 of the NE4 of Section 5, Township 29 North, Range 20 West 1 TO HAVE AND TO HOLD , said easement and right-of-way unto the City of Oak Park Heights , Washington County , Minnesota , its successors and assigns until July 31 , 1983 at which time the said easement shall cease. The parties of the first part do hereby covenant with the City of Oak Park Heights , that they are lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of said excavation for sewer and water extensions and that party of the second party will restore any fencing that it is necessary to remove or becomes damaged during the process of excavating. It is further understood and agreed that party of the second part will forthwith re-sod all areas , where necessary, on said lands from which it is necessary to remove • or damage the sod thereon, during the process of excavating. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of excavating. IN WITNESS WHEREOF , the said parties have caused this instrument to be executed this igf day of ' — 1982 . IN PRESENCE OF : PARTIES OF THE FIRST PART 0,45k//4".■ David C. Liit'u st , 1 p M. .- L. Linguist/I L- W. J.h►/ Karen L. Johnson STATE OF MINNESOTA ) ss . "COUNTY OF WASHINGTON ) ill On this lie day of , 1982 , before me a Notary Public within and for said County , personally appeared David C. Linguist and Mabel L. Linguist, husband and wife, to me known to be the persons described in , and who executed the foregoing instrument , and acknowledge tha they executed the same as their free act and deed. STATE OF MINNESOTA ) ss . Notary ub COUNTY OF WASHINGTON ) 1 WAVY�N —MINNEsoTA C41/NtY On this /f day of /1--"a ' me a Notary Public within and for said County, personal y appeared Leighton W. Johnson and Karen L. Johnson, husband and wife, to me known to be the persons described in , and who executed the foregoing instrument , and acknowledge that they executed the same as their free act and deed. Notary y r TARP PUBLIC—MINNE k'14.1' WASHINGTON CO TY lkinmission Expires Mar.12,1984. IN PRESENCE OF : CITY OF, HTS PARTY OF ECOND PART y/ Its Mayor s C erk STATE OF MINNESOTA - ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public , in and for said County and State appeared and to me personally known, who being by me first duly sworn , did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights , the municipal corporation described in and who executed in behalf of said City of Oak Park Heights , by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights . THIS INSTRUMENT DRAFTED BY : Notary Public Lyle J . Eckberg 126 South Second Street P . O. Box 40 Stillwater , MN 55082 s.. r IN, '447.1 f tilh rt c. STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION REAL ESTATE MANAGEMENT DIVISION SAINT PAUL 55155 0•22 ADMINISTRATION SLOG. November 18, 1982 TEL. NO. 296-6674 atm IIf OUT ill OUT Mr. Donald C. Burgardt o 0ce j 0 TKF 0 0 MCL 0 Bonestroo, Rosene, Anderlik & Assoc, Inc. o R`".R ,,_ 0 RA ❑ 0 e-s ❑ o JCA n u4, o KAs 71 o JA3 3 2235 West Trunk Highway 36 O KTA ❑ c.°, O IF% `l Ci MAN O St. Paul , Minnesota 55113 o eaL ci a :1 o' ❑ H'."0 2 L S'.", ,7 ❑ JCO o E'4.---2 '•-'-1 O L'AP ra p Re: Junker Water/Sewer Extension 0 RET w' LL o ❑ F„ r; MTR o File No 5564 0 CRC ❑ ao 0 MIS c I ) M/S O CAE ❑ °'Q 0 CEO i ; KL!^J Li O KA8 Q 0 JRM U MRR p Dear Mr. Burgardt: We hereby acknowledge receipt of the $100 check from the city for the referenced easement. An appropriate instrument has been drawn for the easement. Because the instrument contains a number of conditions which affect the City of Oak Park Heights, it is the feeling of our attorneys that the instrument should have the approval of the city prior to the final approval of the Commissioner of Administration. Accordingly, we are submitting to you the original and three copies of the utility ease- ment instrument. If you approve, please arrange to have the instru- ment signed by the appropriate city officials. Then the original and all copies should be returned to this office for final approval by the state. The original will then be sent to you for your recording and safekeeping in your file. Your prompt response will be helpful . If you should need further information or assistance on this matter, please write or call this office, attention Howard W. Eicher, telephone 296-6674. Sincerely, /171406 0,444.,",... Marlo W. Hanson Director MWH/pk enc. AN EQUAL OPPORTUNITY EMPLOYER i Bonestroo, Rosene, Anderlik & Associates, Inc. TCS � 2335 W. HIGHWAY 36 �.. .1 ST. PAUL. MN 55113 1 636-4600 1 1 SUBJECT: ^7+ ,�y� �i113 2 6 ._.. ..,tb t„ ,_ l ._ -_ DATE: �. 1 12.cueL‘Melt --AP,t,goo—AAewtaztt±—_ ,..L.,:ti __12.—.C.1t.,.. " ._„„),Ali;L_ _.. .__ y 11, y .4,. .,,,, " t .1.:ti, �rt-e�.r __ PLEASE REPLY TO ► SIGNED: pc Av e e �a. • RECE 0 tOV 2 2 1982 DATE: € SIGNED: DETACH YELLOW COPY-SEND WHITE AND PINK COPIES WITH CARBONS INTACT eFORM NO.PK100R-3 AVAILABLE FROM BUSINESS ENVELOPE MANUFACTURERS,INC.•PEARL RIVER,N.V.•BRONX,N.Y.•CLINTON,TENN.•ANAHEIM,CALIF. PRINTED THIS COPY FOR PERSON ADDRESSED TEMPORARY EASEMENT In accordance with Minnesota Statutes 1980, Section 16.88 and in consideration of and for one hundred and no/100ths dollars ($100 .00) , in hand paid, the receipt whereof is hereby acknow- ledged, the State of Minnesota (hereinafter "STATE" ) hereby grants to the City of Oak Park Heights, Minnesota (hereinafter "EASEMENT HOLDER" ) a temporary easement for the construction of a watermain and sewer line over, under and across a portion of land which is part of the grounds of the Minnesota Correctional Facility, Stillwater State Prison in Washington County, Minnesota, and legally described as follows : An easement 30 feet wide tying partially in the west half of the Northeast Quarter (W4NE4) of Section 3 , Township 29N Range 20W, Washington County Minnesota, being a strip thirty (30) feet east of a line described as follows : Commencing at the intersection of the easterly right of way line of County Road 21 and the southerly right of way line of 56th Street North; proceeding thence southwesterly along the east right of way line of County Road 21 a distance of nine hundred (900) feet to the point of beginning of the described line; thence proceeding southerly along the east right of way line a distance of seven hundred ( 700) feet and there termi- nating. The easement will cross the described land as shown in red on the sketch attached hereto and made part hereof. The easement shall be granted subject to the following conditions: 1. The easement shall terminate on July 31, 1983, or upon completion of the construction, whichever is earlier. 2. The EASEMENT HOLDER shall not levy any special assess- ments against the STATE arising out of the construction of the watermain and sewer line unless and until the STATE connects to the watermain and sewer line. 3 . As part of the construction, the EASEMENT HOLDER shall apply bituminous materials to the surface of the approach to the water tower road. 4. The easement shall be revocable by written notice by the Commissioner of Administration if at any time its continuance will conflict with a public use of land over, under or upon which it is granted; or upon request of the Commissioner of Corrections of th.a State of Miulesota, cr iox any other mason . Such notice shall be effective ninety (90) days after the mailing thereof addressed to the record holder of this easement at its last knownaddress by certified mail . Upon revocation the Commissioner of Administration may allow a reasonable time to vacate the premises affected. 5. State lands subject to this easement shall remain subject to sale or lease; such sale or lease shall not serve to revoke this easement. 6 . The EASEMENT HOLDER shall comply with all laws, reg- ulations and municipal ordinances affecting said lands or the area in which it is situated and keep and maintain it in a neat and orderly condition and remove all refuse and debris that may accumulate thereon. 7. The EASEMENT HOLDER shall take all reasonable pre- cautions to prevent any damage to the land subject to this easement and shall fully reimburse the STATE for any damages resulting from its use of said land, and shall hold the STATE harmless from all claims for injury or damage to the person or property of others arising out of the EASEMENT HOLDER'S use of said land. 8. The Commissioner of Administration may order such changes or modifications respecting construction or maintenance of structures, use or other conditions of this easement as he deems necessary to protect the public health and safety. 9 . This easement shall not be assignable by the EASEMENT HOLDER except upon written consent of the Commissioner of Administration. Y . STATE OF MINNESOTA: sS . COUNTY OF RAMSEY . On this day of ,1982, before me personally appeared JAMES J. HINIKER, JR. , the Commissioner of the Department of Administration, State of Minnesota, to me known to be the person who executed the foregoing instrument on behalf of the State of Minnesota, and acknowledged that he executed the same as the free act and deed of said State of Minnesota pursuant to Minnesota Statutes 1980, Section 16 .88. Notary Public IN TESTIMONY WHEREOF, the STATE has caused these presents to be executed in the name of the State of Minnesota by its Commissioner of Administration, and the City of Oak Park Heights Minnesota, manifests its acceptance of these terms by its signature. EASEMENT HOLDER IN THE PRESENCE OF: Title: Date: FOR THE STATE OF MINNESOTA RECOMMENDED FOR APPROVAL DEPARTMENT OF ADMINISTRATION DEPARTMENT OF CORRECTIONS Director Real Estate Management Commissioner Date: Date: APPROVED JAMES J . HINIKER, JR. Commissioner of Administration Date: Drafted and approved as to form and execution this day of 1982. WARREN SPANNAUS Attorney General By Special Assistant Attorney General -4- "T----- 1 ..." .... , ,,, L,....,,,,, • .,. ...,1,.. ups . .. 11110. Or v_i__------\\ ,,,\,. \ '''' 7 J A • ' I _ r f .111/1 0 I.•• . •^.• --,4--:,--2 --...:It,-_:7-,- .." : CO*I ' ;.Or % f ■ ,. ! • i ..:-l'-'-i- ---;,--f--i. ,1, -:--+-1-tl -:5__:,'---.-. __ ., It \ \ I ,,- , ... n ' - --....-- \ --2\--- N _. i . • . . . .-... . ---- , 4, -..- -; • [11 \ \ \ , I a . ^ .'-' ' :HL-2,41 . ':-j els .... \ AM \ .4. •■--.----* i■ -.--* 1.-: ---i.A.-- . \\\ \ 'II trir-4 i• ----i ''''' 4-‘1 ' . ""‘ "A \ •1 4r2•\ \ Slit' tis .. ■ -----.... ea g r I:i i \ _... a . a S .1 • ' ■ \ 'A i ." "c i....... I \ ow* 1 : -,-;-:-.-, --.---Ar-:-,, 1 : •--,---•— ---.--r—.--- . .f f \ \ ' ""'" - .:- t.• .I■.■ \ -s. \\ \ \ •...• 1 --- -""- ' 74-4,---i ri---- ti I....—...1 -L. - ix XT . , a. ■ , , \. \ .0. Az_ 1 F.A....__:„...0.---- \--:, 4.,,d, ..,.■v.a,"ts:;:la ■a\r , ,. ---..., \ 1 --, - - ! f 4,•_. nr. , , s'-'-:,,,,\\\\,\\ . iii: a .....,_;:r.,* • , CV • a.....as,.4 ea'.a. *I•14,' ! • .• _-""r ra , - ' . , I 1 1 ', . \ l' ,' st tam* . ....— -1- ------ ''',. \ • OAK IftWx Kfotr$ ."'''..- ......,..—.-..........---—......-.........-,,-. , 1114T•OXI .....".. 4 I 1 { .......... rai -1 _II .... 1 1 , , — 1— r T\\\ I. , i .... = .... , ri T-1 -1 L ; ____ . , 11:U1 • 1 4 ‘ a .... I 11 '.--- ,I 1, . C,- . ",-.. il . ,..., t.'''' '',.-..' `.. .' .''' , ■,* I X ....... .it ....,_ .1. z) • '-‘ a D •tk. 1 , „I- I 11 t I i Irl , 4 .- 7 I I ■ I I • I 4......,.. PLAN . . . ........................... 6 0 0, • • , r ` B`l�r j� e' 4101444.41 & // �( ' /� Glenn R.Cook,P.E. ♦J ll�l i•tK�Ki��/l:r 1 e Keith A.Gordon.P.E. Ono G.tlonestroo,P.E. Thomas E.Noyes,P.E. Robert W.Rosene,P.E. Richard W.Foster,P.E. �� p Joseph C.Anderlik,P.E. Robert G.Schunicht,P.E. .2335 W. 7...r.h 36 tlradJord A.Lemberg,P.E. Marvin L.Sorvala,P.E. //11 '9111Oy Richard E. Turner,P.E. Donald C.Burgardt,P.E. pr Na..l 2-63.. i0 00 James C Olson,P.E'. Jerry A.Bourdon.P.E. Mark A.Hanson.P.E. pr.:6>.Z-636-4600 Ted X.held.P.L. Michael T.Naumann.P.E. Robert R.1'ie/f erlr.P.E. Charles A.Erickson Leo M.Pawelsky Harlan M.Olson November 22, 1982 V Mr. Robert Zaczkoski ` 14261 North 60th Street 1-1-14 Oak Park Heights, MN 55082 Re: Water Easement Our File No. 5564 Dear Mr. Zaczko is Concerning your questions about your driveway; the Contractor will close your driveway for one working day or less to place the proposed water main. The driveway will be closed for much less than 24 hours. The Contractor may elect to begin this fall, but his proposed schedule as of today indicates the work will likely be done in the spring. In either case the bituminous will be replaced in the spring and may require temporary patching if the work is com- pleted this fall. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. go),-J24 a, aswifraJO- Donald C. Burgardt DCB/jo cc: City of Oak Park Heights RECEIVED NOV J s. 2707b • TEMPORARY EASEMENT AND AGREEMENT THIS INDENTURE , made this day of 1982 , by and between Robert P. Zaczkowski and Deanna M. Zaczkowski, husband and wife parties of the first part ; and the City of Oak Park Heights , Washington County, Minnesota, party of the second party. WITNESSETH: WHEREAS , Robert P. Zaczkowski and Deanna M. Zaczkowski are the owner( s) in fee simple of the real' estate hereinafter described. That for and in consideration of the sum of One Dollar ($1 .00) and other good and valuable considerations, the receipt whereof is hereby acknowledged, the parties of the first part, have this day bargained and sold, and by these presents , do bargain, sell and transfer unto the City of Oak Park Heights , its successors and assigns , a temporary slope easement, such right-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing sewer and water extensions , and the further right to remove bushes , trees , undergrowth, and other obstructions interfering in the location and construction of said sewer and water extensions . That said easement and right-of-way located in the County of Washington, State of Minnesota, is described as follows, to-wit: SEE ATTACHED FOR LEGAL • TO HAVE AND TO HOLD, said easement and right-of-way unto the City of Oak Park Heights , Washington County, Minnesota , its successors and assigns until July 31 , 1983 at which time the said easement shall cease. The parties of the first part do hereby covenant with the City of Oak Park Heights , that they are lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of said excavation for sewer and water extensions and that party of the second party will restore any fencing that it is necessary to remove or becomes damaged during the process of excavating. It is further understood and agreed that party of the second part will forthwith re-sod all areas , where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of excavating. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of excavating. IN WITNESS WHEREOF , the said parties have caused this instrument to be executed this day of 1982 . IN PRESENCE OF: PARTIES OF THE FIRS PART f Robert P. ' czk•.iski CCCUMX- of 4/ 1 Deanna M. Zaczk401 STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public within and for said County, personally appeared Robert P. Zaczkowski and Deanna M. Zaczkowski , husband and wife, to me known to be the persons described in, and who executed the foregoing instrument , and acknowledge that they executed the same as their free act and deed. Notary Public IN PRESENCE OF : CITY OF OAK PARK HEIGHTS PARTY OF SECOND PART 9.(4.401. toy i/-rte:e-to I lJ► By /3f4 1. '- Its May*r f By / +raw' Its Clerk STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public , in and for said County and State appeared and to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights , the municipal corporation described in and who executed in behalf of said City of Oak Park Heights , by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights . Notary Public THIS INSTRUMENT DRAFTED BY: Lyle J . Eckberg 126 South Second Street P . O. Box 40 Stillwater , MN 55082 The north 15 feet of the following-described property: That part of the NE4 of the NW4 of Section 4 , Township 29 North, Range 20 West, described as follows: Beginning at a point on the west line of the NE4 of the NW4 of said Section 4 , where the south right-of-way line of state trunk highway #212, as it now exists, crosses said west line of the NE4 of the NW4 of said Section 4; running thence south along the said west line of the NE4 of the NW4 of said Section 4 for a distance of 175 feet; running thence east and at right angles to said west line for a distance of 127 feet; running thence north and parallel to said west line to the south right-of-way line of state trunk highway #212, as it now exists, for a distance of 175 feet; running thence west along the south right-of-way line of state trunk highway #212, as it now exists, for a distance of 127 feet to the point of beginning, subject to easements and restrictions of record. � r �1 TEMPORARY EASEMENT AND AGREEMENT THIS INDENTURE , made this day of 1982 , by and between William F . Bibeau and Nancy J . Bibeau , husband and wife, parties of the first part ; and the City of Oak Park Heights , Washington County, Minnesota , party of the second part. WITNESSETH: WHEREAS , William F . Bibeau and Nancy J . Bibeau are the owner(s) in fee simple of the real estate hereinafter described. That for and in consideration of the sum of One Dollar ($1 .00) and other good and valuable considerations , the receipt whereof is hereby acknowledged, the part ies of the first part, have this day bargained and sold, and by these presents , do bargain, sell and transfer unto the City of Oak Park Heights , its successors and assigns, a temporary slope easement, such right-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing sewer and water extensions , and the further right to remove bushes , trees , undergrowth, and other obstructions interfering in the location and construction of said sewer and water extensions . That said easement and right-of-way located in the County of Washington, State of Minnesota, is described as follows, to-wit: A Temporary Construction Easement for storm sewer purposes over , under and across the west 15 feet of the north 20 feet of Lot 9 , Block 2 , Beaches Addition to Oak Park Heights , as the same is' platted and of record in the office of the County Recorder in and for Washington County, Minnesota. TO HAVE AND TO HOLD , said easement and right-of-way unto the City of Oak Park Heights , Washington County , Minnesota , its successors and assigns until August 31 , 1983 , at which time the said easement shall cease . The part ies of the first part do hereby covenant with the City of Oak Park Heights , that they are lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of said excavation for sewer and water extensions and that party of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of excavating. It is further understood and agreed that party of the second part will forthwith re-sod all areas , where necessary, on said lands from which it is necessary to remove or damage the sod thereon , during the process of excavating. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of excavating. IN WITNESS WHEREOF , the said parties have caused this instrument to be executed this day of 1982. IN PRESENCE OF : PARTIES OF THE FIRST PART /�( i ,,. }r -J-Ge<-- /;.?? /7/i/3 William F. Bibeau ./P / -� t fe,l= e z Nancy beau ,f - 2 - STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public within and for said County , personally appeared William F. Bibeau and Nancy J . Bibeau, husband and wife, to me known to be the persons described in, and who executed the foregoing instrument , and acknowledge that they executed the same as their free act and deed. Notary Public IN PRESENCE OF : CITY OF OAK PARK HEIGHTS PARTY OF SECOND PART 1111 / ' By G � , ' - / „� �� .2ex Its Mayor 1,s♦``'`' s C erk STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982, before me a Notary Public , in and for said County and State appeared and to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights , the municipal corporation described in and who executed in behalf of said City of Oak Park Heights , by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights . Notary Public THIS INSTRUMENT DRAFTED BY: Lyle J . Eckberg 126 South Second Street P . O. Box 40 Stillwater , MN 55082 - 3 - 5 f 2_/8, LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS & WOLFF 126 SOUTH SECOND STREET P.O. BOX 40 STILLWATER,MINNESOTA 55082 438-2878 LYLE J. ECKBERG JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF December 23, 19 8 2 MARK J. VIERLING Ms. LaVonne Wilson 14168 57th Street North Stillwater, Minnesota 55082 Re: City of Oak Park Heights - Temporary Construction Easement - Grounds of Minnesota Correctional Facility, Bayport Dear LaVonne: Enclosed herewith please find an original and three copies of the Temporary Easement Agreement that we have reached with the Correctional Facility and the Department of Administration affecting the extension of sewer and water services to the Junker property along Stagecoach Trail. Modifications requested by this office have been incorporated into the State' s version of the Temporary Easement and we are herewith recommending execution to the council and clerk so that the Easement can be secured as of this date. I am, by copy of this letter, advising Don Burgardt of Otto Bonestroo' s office of the Temporary Easement Agreement and I am forwarding to him a copy of the revised Temporary Easement Agreement so that he may review same should he have any desire to cent thereon to the City. „„YOu s +=4,• truly, +ierling 1111:::;) MJV:dr cc: Don Burgardt enc. 4 • TEMPORARY EASEMENT In accordance with Minnesota Statutes 1980, Section 16.88 and in consideration of and for One Hundred and no/100ths Dollars ($100.00) , in hand paid, the receipt whereof is hereby acknow- ledged, the State of Minnesota (hereinafter "STATE" ) hereby grants to the City of Oak Park Heights, Minnesota (hereinafter "EASEMENT HOLDER") a temporary easement for the construction of a watermain and sewer line over, under and across a portion of land which is part of the grounds of the Minnesota Correctional Facility, Stillwater State Prison in Washington County, Minnesota, and legally described as follows : As easement 30 feet wide lying partially in the west half of the Northeast Quarter (W 1/4 NE 1/4) of Section 2, Township 29 N Range 20 W, Washington County Minnesota, being a strip thirty (30) feet east of a line described as follows: Commencing at the intersection of the easterly right-of- way line of County Road 21 and the southerly right-of-way line of 56th Street North; proceeding thence southwesterly along the east right-of-way line of County Road 21 a distance of nine hundred (900) feet to the point of beginning of the described line; thence proceeding southerly along the east right-of-way line a distance of seven hundred (700) feet and there termi- nating. The easement will cross the described land as shown in red on the sketch attached hereto and made part hereof. 1. The easement shall terminate on July 31, 1983, or upon completion of the construction, whichever is earlier. 2. The EASEMENT HOLDER shall not levy any special assessments against the STATE arising out of the construction of the watermain and sewer line unless and until the STATE connects to the watermain and sewer line. That this easement and agreement shall not be construed to grant the State of Minnesota permission to connect to the watermain and/or sewer line being constructed by the City of Oak Park Heights. 3. In the event the construction of the watermain and/or sewer line should disturb the surface of the northern access to the water tower road, located on the grounds of the Minnesota Correctional Facility, Stillwater State Prison. The EASEMENT HOLDER shall apply bituminous materials to the surface of the road from its point of intersection with Stagecoach Trail to and over the place of soil disruption caused by the construction of the aforementioned improve- ments. 4. The easement shall be revocable by written notice by the Commissioner of Administration if at any time its continuance will conflict with a public use of land over, under or upon which it is granted; or upon request of the Commissioner of Corrections of the State of Minnesota, or for any other reason. Such notice shall be effective ninety (90) days after the mailing thereof addressed to the record holder of this easement at its last known address by certified mail. Upon revocation the Commissioner of Administration may allow a reasonable time to vacate the permises affected and shall refund all considerations above referenced. 5. State lands subject to this easement shall remain subject to sale or lease; such sale or lease shall not serve to revoke this easement. 6. The EASEMENT HOLDER shall comply with all laws, reg- ulations and municipal ordinances affecting said lands or the area in which it is situated and keep and maintain it in a neat and orderly condition and remove all refuse and debris that may accumulate thereon. - 2 - 7. The EASEMENT HOLDER shall take all reasonable pre- cautions to prevent any damage to the land subject to this easement and shall restore said land to as good or better condition as they were prior to the time of any excavation for sewer and/or water extensions and, shall hold the STATE harmless from any and all claims for injury or damage to person or property of others arising from the EASEMENT HOLDER'S use of the land. 8. The Commissioner of Administration may order such changes or modifications respecting construction or maintenance of structures, use or other conditions of this easement as he deems necessary to protect the public health and safety. 9. This easement shall not be assignable by the EASEMENT HOLDER except upon written consent of the Commissioner of Administration. - 3 - STATE OF MINNESOTA ss. COUNTY OF RAMSEY On this day of , 1982, before me personally appeared JAMES J. HINIKER, JR. , the Commissioner of the Department of Administration, State of Minnesota, to me known to be the person who executed the foregoing instrument on behalf of the State of Minnesota, and acknowledged that he executed the same as the free act and deed of said State of Minnesota pursuant to Minnesota Statutes 1980, Section 16. 88 Notary Public - 4 - . IN TESTIMONY WHEREOF, the STATE has caused these presents to be executed in the name of the State of Minnesota by its Commissioner of Administration, and the City of Oak Park Heights Minnesota, manifests its acceptance of these terms by its signature. OAK PARK HEIGHTS BY FRANK SOMMERFELDT Date: ; IN THE PRESENCE OF: Date: / 1./i ®/e y... Date: !1-110,/r'- r/ FOR THE STATE OF M NNESOT.� RECOMMENDED FOR APPROVAL DEPARTMENT OF ADMINISTRATION DEPARTMENT OF CORRECTIONS Director Real Estate Management Commissioner Date: Date: APPROVED JAMES J. HINIKER, JR. Commissioner of Administration Date: Drafted and approved as to form and execution this day of 1982. WARREN SPANNAUS Attorney General By Special Assistant Attorney General - 5 - /r y TE .IPORARY EASEMENT AND AGREEMENT THIS INDENTURE , made this day of 1982 , by and between John D. Koller and Cherlyn L. Koller , husband and wife , part iesof the first part ; and the City of Oak Park Heights , Washington County, Minnesota , party of the second part. WITNESSETH: WHEREAS, John D. Koller and Cherlyn L. Koller are the owner(s) in fee simple of the real estate hereinafter described. That for and in consideration of the sum of One Dollar ($1 .00) and other good and valuable considerations , the receipt whereof is hereby acknowledged, the parties of the first part , have this day bargained and sold, and by these presents , do bargain , sell and transfer unto the City of Oak Park Heights , its successors and assigns , a temporary slope easement, such right-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing sewer and water extensions , and the further right to remove bushes , trees , undergrowth, and other obstructions interfering in the location and construction of said sewer and water extensions . That said easement and right-of-way located in the County of Washington, State of Minnesota, is described as follows, to-wit: A Temporary Construction Easement for storm sewer purposes over , under and across the following described property: the south 20 feet of Lot 6, Block 2 , Elfelt' s Addition to Oak Park as the same is platted and of record in the office of the County Recorder in and for Washington County, Minnesota. TO HAVE AND TO HOLD , said easement and right-of-way unto the City of Oak Park Heights , Washington County , Minnesota , its successors and assigns until August 31 , 1983 , at which time the said easement shall cease. The part ies of the first part do hereby covenant with the City of Oak Park Heights , that they are lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of said excavation for sewer and water extensions and that party of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of excavating. It is further understood and agreed that party of the second part will forthwith re-sod all areas , where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of excavating. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of excavating. IN WITNESS WHEREOF , the said parties have caused this instrument to be executed this day of 1982. IN PRESENCE OF : PART IES OF THE FIRST PART .3.v' D. Koller Cherlyn . Koller - 2 - , • STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public within and for said County , personally appeared John D. Koller and Cherlyn L. Koller , husband and wife , to me known to be the persons described in, and who executed the foregoing instrument , and acknowledge that they executed the same as their free act and deed. Notary Public IN PRESENCE OF : CITY OF OAK PARK HEIGHTS PARTY OF SECOND PART / — mot/ J2t.,:a.010 BY /it i yc L-?'`...• . t (� /� / Its Mayor ' •III, ,� +h.• It Clerk STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public , in and for said County and State appeared and to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights , the municipal corporation described in and who executed in behalf of said City of Oak Park Heights , by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights . Notary Public THIS INSTRUMENT DRAFTED BY: Lyle J . Eckberg 126 South Second Street P . 0. Box 40 Stillwater , MN 55082 ti - 3 - • /ETIT d; FQR. 1,14sMnuT IN THE MATTER p, THE PETITION FIR THE VILLAGE OP OAK PARK HEIGHTS, WASHINGTON COG , MINNE BIOTA., FOR A Twmwrr (20) FOOT PERMANENT PERMANINT SANITARY SEWER HASIDIM an A SIXTY (60) FOOT TEMPORARY CONSTRUCTION shsxmant GM CERTAIN LAMM, °NEE„ BY THE CITY OF STILLWATER AND LOCATED IM THE VILLAGE OF OAK PARK HEIGHTS. TO: THE COIL OP THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA The Village of Oak Park Heights, Washington County, Minnesota, petitions and represents as follows: I. That the Village of Oak Park Heights, Washington County, Minnesota, is now in the process of constructing a sanitary sewer system in said Village. II. That the City of Stillwater, Washington County, Minnesota is the record owner of the following described real estate sit- uated in the Village of Oak Park Heights, to-wit: Lots Seven (7) , Nine (9) and Eleven (11) , of Block Six (6) , Beach's Addition to Oak Park Heights, Washington County, Minnesota, according to the plat li thereof on file and of record in the office of the Register of Deeds, Washington County, Minnesota. III. That it is necessary that an undeergroud pipeline be constructed for the purpose of conveying sewage over, across, through and under a portion of the land above described as shown by a drawing attached hereto and made a part hereof. - TEMPORARY EASEMENT AND AGREEMENT THIS INDENTURE , made this day of 1983, by and between Donald Gladson and Cheryl L. Gladson, husband and wife, parties of the first part ; and the City of Oak Park Heights , Washington County, Minnesota, party of the second part. WITNESSETH: WHEREAS , Donald Gladson and Cheryl L. Gladson are the equitable owners of the real estate hereinafter described. That for and in consideration of the sum of - One Dollar ($1 .00 ) and other good and valuable considerations, the receipt whereof is hereby acknowledged, the parties of the first part , have this day bargained, and sold , and by these presents , do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns , two temporary slope easements , such rights-of-way to he the right, to enter upon the real estate hereinafter described and grade and excavate land- , for the purpose of constructing sewer and water extensions , and • the further right to remove bushes , trees , undergrowth , and other obstructions interfering in the location and construction of said sewer and water extensions. That said easements and rights-of-way located in the County of Washington , State of Minnesota, are described as follows , to-wit: Temporary Construction Easement No. 1 for storm sewer purposes over , under and across the following described property: the west 15 feet of the south 30 feet. of Lot 9 , Block 2 , Beaches Addition to Oak Park as the same is platted and of record in the office of the County Recorder in and for Washington County , Minnesota. ------------------------------ r - - Temporary Construction Easement No. 2 for storm sewer purposes over , under and across the following described property: the west 15 feet of Lot 11 , Block 2 , Beaches Addition to Oak Park as the same is platted and of record in the office of the County Recorder in and for Washington County, Minnesota. TO HAVE AND TO HOLD, said easements and rights-of-way unto the City of Oak Park Heights , Washington County, Minne- sota, its successors and assigns until August 31 , 1983 , at which time the said easements shall cease. The parties of the first part do hereby covenant with the City of Oak Park Heights , that they have lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was rior to the time of said excavation p for sewer and water extensions and that party of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of excavating. It is further understood and agreed that party of the second part will forthwith re-sod all areas , where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of excavating. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of excavating. - 2 - • IN WITNESS WHEREOF , the said parties have caused this instrument to be executed this - day of , 1983 . IN PRESENCE OF : PARTIES OF THE FIRST PART Roy a, :ake Nis\(1 v1,k( Norma J . Bak r STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1983 , before me a Notary Public within and for said County, personally appeared Roy C . Baker and Norma J . Baker , husband and wife, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledge that they executed the same as their free act and deed. Notary Public IN PRESENCE OF : CITY OF OAK PARK HEIGHTS PARTY OF ECOND ART /2,1 , /4T Its Mayor J ` By( Clerk .. STATE OF MINNESOTA ) } ss . COUNTY OF WASHINGTON) On this day of , 1983 , before me a Notary Public , in and for said County and State appeared and to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights, the municipal corporation described in and who executed in behalf of said City of Oak Park Heights , by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights . Notary Public THIS INSTRUMENT DRAFTED BY: Lyle J . Eckberg 126 South Second Street Stillwater , MN 55082 - 3 - J • . -4^^�� W W`` L '4- V/ N- Temporary Easement tO ■ Grade Area 30'in Diameter Toward Drain. P4r«1 1 P«raa1 8 1 1 • I 1 ,-i hF'Et� .ti^,v v,44 r <r ; • J ,`'1 i-..V;__.� L .---"` 22�-1 " RCP 1£© r:?- =.IG r�Cr-��``-:,'.. . CBM'7.28 • t -- - - -__. --_ • .-.• i., T - _ \ ----___,- . .._ CBMW-253 Permanent Easement !�`'t`-"" %�' -J ;- - i Place Neenah R-2560-C2 » y Cover .- v U I., ' - - , a: ( JP` ■ ' Pli • faY.ci i , / & t t I i CB 34 ---- --Pell er Avenue _ 28 -12 RCP MH-27 .'170t-24.1R 1— --- ------- -- - • -- }5t-12" RCP' - - . CB� H-33 \ �-a 3 -��,�.r_._,:... :. I 25'-i5" RCP • BM- TOP NUT OF HYD. I _____ ELEV. 7 87.8 9 • 1 • p Ern ,. 1,,,,_.ere."... -------------- . % TEMPORARY EASEMENT • In accordance with Minnesota Statutes 1980, Section 16. 88 and in consideration of and for One Hundred and no/100ths Dollars ($100. 00) , in hand paid, the receipt whereof is hereby acknow- ledged, the State of Minnesota (hereinafter "STATE") hereby grants to the City of Oak Park Heights, Minnesota (hereinafter "EASEMENT HOLDER") a temporary easement for the construction of a watermain and sewer line over, under and across a portion of land which is part of the grounds of the Minnesota Correctional Facility, Stillwater State Prison in Washington County, Minnesota, and legally described as follows: As easement 30 feet wide lying partially in the west half of the Northeast Quarter (W 1/4 NE 1/4) of Section 2, Township 29 N Range 20 W, Washington County Minnesota, being a strip thirty (30) feet east of a line described as follows: Commencing at the intersection of the easterly right-of- way line of County Road 21 and the southerly right-of-way line of 56th Street North; proceeding thence southwesterly along the east right-of-way line of County Road 21 a distance of nine hundred (900) feet to the point of beginning of the described line; thence proceeding southerly along the east right-of-way line a distance of seven hundred (700) feet and there termi- nating. The easement will cross the described land as shown in red on the sketch attached hereto and made part hereof. 1. The easement shall terminate on July 31, 1983, or upon completion of the construction, whichever is earlier. 2. The EASEMENT HOLDER shall not levy any special assessments against the STATE arising out of the construction of the watermain and sewer line unless and until the STATE connects to the watermain and sewer line. That this easement and agreement shall not be construed to grant the State of Minnesota permission to connect to the watermain and/or sewer line being constructed by the City of Oak Park Heights. 3. In the event the construction of the watermain and/or sewer line should disturb the surface of the northern access to the water tower road, located on the grounds of the Minnesota Correctional Facility, Stillwater State Prison" The EASEMENT HOLDER shall apply bituminous materials to the surface of the road from its point of intersection with Stagecoach Trail to and over the place of soil disruption caused by the construction of the aforementioned improve- ments. 4. The easement shall be revocable by written notice by the Commissioner of Administration if at any time its continuance will conflict with a public use of land over, under or upon which it is granted; or upon request of the Commissioner of Corrections of the State of Minnesota, or for any other reason. Such notice shall be effective ninety (90) days after the mailing thereof addressed to the record holder of this easement at its last known address by certified mail. Upon revocation the Commissioner of Administration may allow a reasonable time to vacate the permises affected and shall refund all considerations above referenced. 5. State lands subject to this easement shall remain subject to sale or lease; such sale or lease shall not serve to revoke this easement. 6. The EASEMENT HOLDER shall comply with all laws, reg- ulations and municipal ordinances affecting said lands or the area in which it is situated and keep and maintain it in a neat and orderly condition and remove all refuse and debris that may accumulate thereon. - 2 - l . 1 7 . The EASEMENT HOLDER shall take all reasonable pre- cautions to prevent any damage to the land subject to this easement and shall restore said land to as good or better condition as they were prior to the time of any excavation for sewer and/or water extensions and, shall hold the STATE harmless from any and all claims for injury or damage to person or property of others arising from the EASEMENT HOLDER'S use of the land. 8. The Commissioner of Administration may order such changes or modifications respecting construction or maintenance of structures, use or other conditions of this easement as he deems necessary to protect the public health and safety. 9. This easement shall not be assignable by the EASEMENT HOLDER except upon written consent of the Commissioner of Administration. - 3 - . • IN TESTIMONY WHEREOF, the STATE has caused these presents to be executed in the name of the State of Minnesota by its Commissioner of Administration, and the City of Oak Park Heights Minnesota, manifests its acceptance of these terms by its signature. OAK PARK HEIGHTS BY FRANK SOMMERFELD Date: 1 y7..j d 8' L"' W IN THE PRESENCE OF: Date: J l -Date: / L/3 D A L FOR THE STATE OF M NNESOT RECOMMENDED FOR APPROVAL DEPARTMENT OF A STRATION DEPT, M:NT OF CO :r CTIONS t a .,.L.. irector Real Estate Management Co ' sioner Date: / 9/7, //, e % Date: 1 // -9-/B_ ` APPRVED S J ES . H , JR. Commissioner of Administration Date: /-/ 1 I Drafted and approved as to form and execution this oq day of 198,. WARREN SPANNAUS Attorney General ‘ i/7t2I BY ___12a____6 Special Assistant Attorney -al - 4 - STATE OF MINNESOTA ss. COUNTY OF RAMSEY On this A day of , 198ak, before me DbPu Ty personally appeared JAMES J. H IKER, JR. , the '�Commissioner of the Department of Administration, State of Minnesota, to me known to be the person who executed the foregoing instrument on behalf of the State of Minnesota, and acknowledged that he executed , the same as the free act and deed of said State of Minnesota pursuant to Minnesota Statutes 1980, Section 16. 88 /6114' / , Notary Public 5 _ i f Q • \ •■••• ....\\\ • \ \\( i \ \,,,,,. . k ....., 11, ..., •.,\ 1 • • . i '. \\,,,, . \ \ ,• - •,. r ��I o �\ _ ;' - I _ _ii,.,, -n, t • h , .L,-., -• \`� \\\ •_ \ • . t- . �.� + �N. �� �� ■ ,� \ \AMP lag Ott : .."'-', • ) , ' , ..,........• { nr , NI i { ir—; U ' � • I I- . \ • \ .... 7i1 ' U*41( C:r ....... 4 4 \\*N-Thsal.ri:' 0,-/ I .."----........\\\\., , I I I PLAN 600' N j Tri Ens 1 1 CSIIIS, 1 , 4 .j% COO*ea,�1 9 yS{ 1 7 ~ PUBLIC UTILITY EASEMENT AND AGREEMENT q/ 4. 1 THIS INDENTURE , made this day of r J. Dielentheis and Olga A. Dielentheis, 1982 , by and between Peter husband and wife parties of the first part ; and the City of Oak Park Heights , Washington County , Minnesota , party of the second party. /E WITNESSETH: 46C WHEREAS , Peter J. Dielentheis and Olga A. are the Dielentheis owner( s) in fee simple of the real estate hereinafter described. --- . That for and in consideration of the sum of One 3: Dollar ($1 .00) and other good and valuable considerations , P acknowled ed, the part iesof the _ the receipt whereof is hereby 9 L first part, have this day bargained and sold, and by these -' presents, do bargain, sell and transfer unto the City of r Oak Park Heights , its successors and assigns the following: A. A perpetual easement for public utility purposes and a perpetual easement for sewer and water with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain and repair any -k lines , equipment, materials, or other items of the public Via- utility, for the purpose of maintaining, repairing or replacing the said public utility service or equipment over , across, through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said public utility service, and the further right to remove trees , bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public utility service. That said perpetual public utility easement and right-of-way in the County of Washington, State of Minnesota , is described as follows , to-wit: Commencing at the northwest corner of Section 4 , Township 29 North, Range 20 West, thence easterly 460.89 feet at 90°09' 33" ; thence southerly 33.59 feet at 178°32' 40" to the point of beginning; thence southerly 17.0 feet at 179046' 16" thence northeasterly 65.0 feet at 74°13' 29" thence westerly 62.62 feet at 270°09 ' 33" to the point of beginning. Said perpetual public utility easement being contained in the following described property: The West 633 feet of the NWT of NWT of Section 4, Township 29 North, Range 20 West, excepting the south 550 feet thereof, subject to easements, restrictions and charges of record. TO HAVE AND TO HOLD, said perpetual easement and right-of-way unto the City of Oak Park Heights , Washington County , Minnesota , its successors and assigns , forever. B. A temporary slepe easement, such right-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing sewer and water extensions , and the further right to remove bushes , trees , undergrowth, and other obstructions interfering in the location and construction of said sewer and water extensions . That said easement and right-of-way located in the County of Washington, State of Minnesota, is described as follows, to-wit: Said temporary easement being described as follows: The 15 feet immediately south and adjacent to the south right-of-way of Trunk Highway 212 and the 10 feet immediately east and adjacent to the east right-of-way of Oakgreen Avenue between property irons B-24 and B-26 as shown on Minnesota Department of transportation right-of-way Plat No. 82-18. wasninaron TO HAVE AND TO HOLD , said temporary ope easement and right-of-way unto the City of Oak Park Heights , Washington County, Minnesota, its successors and assigns until July 31 , 1983 at which time the said easement shall cease. The parties of the first part do_ hereby covenant with the City of Oak Park Heights , that they are lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of any excavation for sewer and water extensions or any other purpose and that S party of the second party will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that party of the second, part will forthwith re-sod all areas , where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. IN WITNESS WHEREOF , the said parties have caused this instrument to be executed this day of 1982. IN PRESENCE OF : PARTIES OF THE FIRST PART Peter J. Dielentheis Olga A. Dielentheis vvuanInyrvn STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON ) On this day of , 1982 , before me a Notary Public within and for said County, personally appeared Peter J. Dielentheis and Olga A. Dielentheis, husband and wife, to me known to be the persons described in, and who executed the foregoing instrument , and acknowledge that they executed the same as their free act and deed. • Notary Public IN PRESENCE OF : CITY- OF OAK PARK HEIGHTS PARTY OF SECOND PART By Its Mayor By Its Clerk STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public , in and for said County and State appeared and to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights , the municipal corporation described in and who executed in behalf of said City of Oak • Park Heights , by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights . Notary Public THIS ,INSTRUMENT DRAFTED BY: Lyle J . Eckberg 126 South Second Street P. O. Box 40 Stillwater , MN 55082 ..... • _ . /"' , firf .4 PUBLIC UTILITY EASEMENT AND AGREEMENT 02 .417 THIS INDENTURE , made this -day of , 1982 , by and between Northern States Power Company. a corporation, +' party of the first part ; and the City of Oak Park Heights , Washington County, Minnesota , party of the second part. j� WITNESSETH: WHEREAS , Northern States Power Company, a corpora- tion, the owner in fee simple of the real estate located within the County of Washington, State of Minnesota, being described as follows , to-wit: That part of the NW : of NW4 , Section 3 , Township 29 North, Range 20 West , being described as follows : Beginning at the Southeast corner of said tract and running thence north along the East line thereof, 10 chains and 50 links , more or less , to the limits of the right-of-way, of the St. Paul , Stillwater and Taylors Falls Railroad; thence southerly along the Southeast line of said railroad limits to the South line of said tract , thence easterly along the South line of said tract , 11 chains and 19 links , to the place of beginning; containing 7 2/3 acres more or less . That for and in consideration of the sum of One Dollar ($1 .00) and other good and valuable considerations , the receipt whereof is hereby acknowledged, the party of the Il first part , has this day bargained and sold, and by these presents , does bargain, sell and transfer unto the City of Oak Park Heights , its successors and assigns the following: A. A perpetual easement for public utility purposes and a perpetual easement for sewer and water with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain and repair any A lines, equipment, materials, or other items of the public utility, for the purpose of maintaining, repairing or replacing the said public utility service or equipment over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said public utility service, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public utility service. That said perpetual public utility easement and right-of-way in the County of Washington, State of Minnesota, affecting the afore-described property, shall be 10 feet on either side of the following-described lines, to-wit: Commencing at the southeast corner of the afore- described property and thence proceeding westerly along the south property line (said south line assumed to be true east and west) thereof for a distance of 158 feet to the point of beginning; thence North 8 East and travel northeasterly for a distance of 380 feet from the south line; thence deflect to the left 51°and travel north- westerly for a distance of 20 feet from the afore- mentioned northeasterly line; thence deflect to the right 65° and travel northeasterly for a dis- tance of 240 feet from the aforementioned north- westerly line to the point of termination. TO HAVE AND TO HOLD, said perpetual easement and right- of-way unto the City of Oak Park Heights, Washington County, Minnesota, its successors and assigns, forever. B. A temporary slope easement, such right-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing sewer and water extensions, and the further right to remove bushes, trees, undergrowth, and other obstructions interfering in the location and construction of said sewer and water exten- sions. That said temporary easement and right-of-way located within the County of Washington, State of Minnesota, affecting the above-described property shall be 30 feet on either side of the following-described line, to-wit: Commencing at the southeast corner of the afore- described property and thence proceeding westerly along the south property line (said south line assumed to be true east and west) thereof for a distance of 150 feet to the point of beginning; thence North 8o East and travel northeasterly for a distance of 380 feet from the south line; thence deflect to the left 510 and travel north- westerly for a distance of 20 feet from the afore- mentioned northeasterly line; thence deflect to the right 65 and travel northeasterly for a dis- tance of 270 feet from the aforementioned north- westerly line to the point of termination. TO HAVE AND TO HOLD, said temporary slope easement and right-of-way unto the City of Oak Park Heights, Washington County, Minnesota, its successors and assigns, until July 31, 1983 at which time the said easement shall cease. The party of the first part does hereby covenant with the City of Oak Park Heights, that it is lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of any excavation for sewer and water extensions or any other purpose and that party of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. r • It is further understood and agreed that party of the second part will forthwith re-sod all areas , where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. IN WITNESS WHEREOF , the said parties h ve caused this instrument to be executed this ` day of E-CS-G-w , 1982 . IN PRESENCE OF : PARTY OF THE FIRST PART NORTHERN STATES POWER COMPANY• c\ - t 1 - By i� .1 ar..6. 11111 S lice 'res • `' �� �i 4%. _ s ,i By �� �t-efe c -z,.e-eI ts Assist Secretary STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this �= day of November , 1982 , before me a Notary Public within and for said County, personally appeared Arthur V. Dienhart and Rosanne Giombolini of the NORTHERN STATES POWER COMPANY, the corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and Vice President and Assistant Secretary acknowledge said i - trument to be the free act and deed of said corporation. /1L. ,t_.r . ' . No ary Pub c,, " " raw _. i i 1.•.? + J.FISHER jp P UBUC•MINNESOTA NOIMOIN cooly My Ccmma$ioo Expires Oct. 1,1988 f yYVtiWWvvvw 11 IN PRESENCE OF : CITY OF OAK PARK HEIGHTS PARTY OF SE OND PART if , Its Mayor B ` '— - 1_is Clerk STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this 6. - day of 46u , 1982 , before me a Notary Public , in and for said County and State appeared Frank 0. Sommerfeldt and La Vann Wi s n to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights , the municipal corporation described in and who executed in behalf of said City of Oak Park Heights , by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights. • cRic�azd G. tZUlson ,i_ 6 uu V l.' ` to„ 7C s_* NOTAty „tic miNNESOtA Notary Public "' Oar y r WASHINGTON COUNTY My commission expires Nov.25,1986 THIS INSTRUMENT DRAFTED BY: Lyle J . Eckberg 126 South Second Street P. O. Box 40 Stillwater , MN 55082 PUBLIC UTILITY EASEMENT AND AGREEMENT THIS INDENTURE , made this /7 day of 1983 , by and between Earl W. Harris and Marlene E . Harris , husband and wife , and Richard S . Lang and Kathleen A. Lang, parties of the first part ; and the City of husband and wife, par P Oak Park Heights , Washington County, Minnesota, party of the second part . WITNESSETH: WHEREAS , Earl W. Harris and Marlene E . Harris and Richard S . Lang and Kathleen A. Lang are the owners in fee simple of the real estate hereinafter described. That for and in consideration of the sum of One Dollar ($1 .00) and other good and valuable considerations , the receipt whereof is hereby acknowledged, the parties of the first part , have this day bargained and sold, and by these presents , do bargain, sell and transfer unto the City of Oak Park Heights , its successors and assigns the following: A. Two perpetual easements for public utility purposes and two perpetual easements for sewer and water with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain and repair any lines , equipment , materials , or other items of the public utility, for the purpose of maintaining, repairing or replacing the said public utility service or equipment over , across , through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said public utility service , and the further right to remove trees , bushes , undergrowth , and other obstructions interfering in the location, construction if and maintenance of said public utility service. That said perpetual public utility easements and rights-of-way in the County of Washington, State of Minnesota , are described as follows , to-wit: Perpetual Easement No. 1 for storm sewer purposes over , under and across the east 20 feet of Lot 10 , Block 2 , Beaches Addition to Oak Park, as the same is platted and of record in the office of the County Recorder in and for Wash- ington County, Minnesota. Perpetual Easement No. 2 for storm sewer purposes over , under and across the east 20 feet of Lot 12 , Block 2 , Beaches Addition to Oak Park as the same is platted and of record in the office of the County Recorder in and for Wash- ington County, Minnesota. TO HAVE AND TO HOLD, said perpetual easements and rights-of-way unto the City of Oak Park Heights , Washington County, Minnesota, its successors and assigns , forever . B . Two temporary slope easements , such rights-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of con- structing sewer and water extensions , and the further right to remove bushes , trees , undergrowth, and other obstructions interfering in the location and construction of said sewer and water extensions . That said easements and rights-of-way located in the County of Washington, State of Minnesota, are described as follows, to-wit: - 2 - Temporary Construction Easement No. 1 for storm sewer purposes over , under and across the east 35 feet of Lot *10 , Block 2 , Beaches Addition to Oak Park as the same is platted and of record in the office of the County Recorder in and for Washington County, Minnesota. Temporary Construction Easement No. 2 for storm sewer purposes over , under and across the east 35 feet of Lot 12 , Block 2 , Beaches Addition to Oak Park as the same is platted and of record in the office of the County Recorder in and for Washington County , Minnesota. TO HAVE AND TO HOLD , said temporary slope easements and rights-of-way unto the City of Oak Park Heights , Washington County, Minnesota , its successors and assigns until August 31 , 1983 , at which time the said easement shall cease . The parties of the first part , Earl W. Harris and Marlene E . Harris , do hereby covenant with the City of Oak Park Heights that they are lawfully seized and possessed of Lot 10 , Block 2 , Beaches Addition to Oak Park and also are the owners of a 12 foot easement over the easterly 12 feet of Lot 12 , Block 2 , Beaches Addition. The parties of the first part , Richard S . Lang and Kathleen A. Lang do hereby covenant with the City of Oak Park Heights that they are lawfully seized and possessed of Lot 12 , Block 2 , Beaches Addition to Oak Park and also are the owners of a 12 foot easement over the easterly 12 feet of Lot 10 , Block 2 , Beaches Addition to Oak Park. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of any excavation for sewer and water extensions or any other purpose and that - 3 - party of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that party of the second part will forthwith re-sod all areas , where necessary, on said lands from which it is necessary to remove or damage the sod thereon , during the process of any excavation. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. IN WITNESS WHEREOF , the said parties have caused this instrument to be executed this day of 1983 . IN PRESENCE OF : PARTIES -- HE FI ST PART Earl W. Harrisr/ k 4 I i(bt/e, V/t)04--<7 Marlene E. Harris STATE OF MINNESOTA ) ) ss . COUNTY OF WASHINGTON) `k /9 day of j 4)7�,tK.� On this , 1983 , before me a Notary Public within and r said ounty , personally appeared Earl W. Harris and Marlene E. Ha is:; husba.: wife , to me known to be the persons des. ibed in, . d who executed the foregoing instrum._ , an. acknowlethe that they executed the same as their free art dee. . MARK 1. VIERLING '717 . _ r k� NOTARY PUBLIC-MIP!k!ES-^_.Ta WASHINGTC y MY COMMSBBION.EXP1Rz, '9o5 - 4 - ♦ IN PRESENCE OF : PARTIES OF THE FI ST PART / / // Ri , d (4 . Larg Kathleen A. Lang STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this y / day of 1983 , before me a Notary Public within and,f. said County, personally appeared Richard S . Lang and Kathleen A. Lang, husband nd wife, to me known to be the persons described in, an who executed the foregoing instrument , and acknowledge that they executed the same as their free ., eed. , ; tar Publi ; IN PRESENCE OF : CITY OF OAK PARK HEIGHTS PARTY OF SECOND PART By .2Let,„14 L', / Its Mayor OK / LIts Clerk STATE OF MINNESOTA ) ) ss . COUNTY OF WASHINGTON) On this day of , 1983 , before me a Notary Public , in and for said County and State appeared and to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights , the municipal corporation described in and who executed in behalf of said City of Oak Park Heights , by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights. Notary Public THIS INSTRUMENT DRAFTED BY: Lyle J . Eckberg 126 South Second Street Stillwater , MN 55082 - 5 - I 1 a) ►.. 0) • 4-1 N Temporary Easement to 1Hh-T- Grade Area 30' in Diameter ; ` Toward Drain. 91 7 parc.c.1 8 { 1 .;A ��kl4 .jA IV �" t f , r . ] . .._ ' f-' 22'-12" RCP :r`. . CBM -28=r kT,r -r �\ -_,,__I----__ _ CBMH-2• F.. ' i i a. -- .'--' Permanent Easement I i Place Neenah R-256O-C2 { Cover ti n I Z cc Plc YafLc•I 6 I ` = j ao r s :.0/.i�. Pa( f c 1 N I 6'.+ N- . li c8.34.• Pe11 er Avenue 28 -12 RCP— MH-27 - l70 -24• Pi _._ __--- • --t5'-!2" RCP ' 1.''' . i„.. i ---- i i j` 25'-15" RCP 1 - BM- TOP NUT OF HYD. ELEV. 787.89 ,II 1 • II MUNICIPAL UTILITIES AND STORM WATER DRAINAGE OMMMOMENIPMPROVEMENTS THIS INDENTURE, made this AS day of , 1990, by and between EARL W. LUDOWESE and EDNA M. LUDOWESE, husband and wife, parties of the first part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, party of the second part. WITNESSiiu: WHEREAS, the above-named parties of the first part are the owners in fee simple of the real estate hereinafter described. That for and in consideration of the sum of One Dollar ($1. 00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties of the first part have this day bargained and sold, and by these presents do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A perpetual easement for municipal water, sanitary sewer, public utilities and storm water drainage purposes with the right to enter upon the real estate hereinafter described at any time that the City of Oak Park Heights and/or the public utilities may see fit, and construct, maintain and repair any lines, equipment, materials, or other items of the municipal utilities, storm water drainage area, for the purpose of maintaining, repairing or replacing the said storm water drainage area over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said municipal utilities, public utilities and storm water drainage area, and the further ri g ht to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said municipal utilities and storm water drainage area. That said temporary and perpetual easements for municipal utilities and storm water drainage purposes is described as follows, to-wit: The West 40. 01 feet of the following described property: That part of the SW-1/4 of Section 4, Township 29, Range 20. Beginning at a point in the west line of said SW-1/4 166.7 feet South of the Northwest corner of said SW-1/4; thence south along said west line a distance of 188 feet; thence east parallel with the north line of the Southwest Quarter (SW-1/4) a distance of 231.7 feet; thence north parallel with the said west line a distance of 188 feet; thence west a distance of 231.7 feet to the point of beginning. TO HAVE AND TO HOLD, said perpetual easement and right- of-way unto the City of Oak Park Heights, Washington County, Minnesota, (as to the municipal utilities) and to the public utilities service providers, its successors and assigns, forever. That parties of the first part do hereby covenant with the City of Oak Park Heights that they are lawfully seized and possessed of the real estate above described. It is understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of any excavation for municipal - 2 - utilities and storm water drainage purposes or any other purpose, and that party of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that party of the second part will forthwith seed or resod all areas, where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. The City of Oak Park Heights hereby agrees that parties of the first part shall not have any development of the subject property impaired by reason of the existence of this easement granted to the City of Oak Park Heights. All setbacks shall be measured from property lines not from the easement line, and any permitted use of the property that would otherwise be' allowed on the property will not be disallowed as a result of the existence of this easement. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. IN PRESENCE OF: PARTIES OF THE F E T P ;T: Byi f 4-21.440A Earl W. Ludowese BY dn 7�A� '?' a M. Ludowe e - 3 - STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) On this 13th day of November , 1990, before me, a Notary Public, TEE= and for said County and State, personally appeared Earl W. Ludowese and Edna M. Ludowese, husband and wife, to me known to be the persons described in andh-o-executed the foregoing instrument and acknowledged that ey exec =d the same as their free act and deed. ..... ovary Public .0 wevy,1110 i+hhP.Li..-4m4N.,"p„., .,1.h..r i IN PRESENCE OF: PARTY OF SECOND PART: ' CITY OF OAK PARK HE�1 TS By ' Barbara O'Neal Acting Mayor moo. LaVonne Wilson Its Clerk STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this 16th day of November , 1990, before me a Notary Public, in and for said County and State appeared Barbara O'Neal and LaVonne Wilson, to me personally known, who being by me first duly sworn, did say that they are respectively the Acting Mayor and Clerk of the City of Oak Park Heights, by authority of the City Council of the City of Oak Park Heights, and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights. t� /�� N ;Lt ryUblic THIS INSTRUMENT DRAFTED BY: Mark J. Vierling JUDYLHOIST Attorney I.D. #112823 'I't 'MINNESOTA ECKBERG, LAMMERS, BRIGGS, WOLFF "r' Mv Commission Swim1.179G & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 8-25-44 - 4 - 3/( r-5 [, " PUBLIC UTILITY EASEMENT AND AGREEMENT THIS INDENTURE, made this /4; *!.` day of __4 � , 1983, by and between Albert C. Beaudet and Jean S. Beaudet, husband and wife, parties of the first part; and the City of Oak Park Heights, Washington County, Minnesota, party of the second part. WITNESSETH: WHEREAS, Albert C. Beaudet and Jean S. Beaudet are the owners in fee simple of the real estate hereinafter described. That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, the receipt whereof is hereby t acknowledged, the parties of the first part, have this day bargained and sold, and by these presents, do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: '' A. Three perpetual easements for public utility purposes and three perpetual easements for sewer and water with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain and repair any lines, equipment, materials, I or other items of the public utility, for the purpose of maintaining, repairing or replacing the said public utility service or equipment over, ■ across, through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location i ' 1 of said public utility service, and the further right to remove trees, 1 bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public utility service. The said perpetual public utility easements and rights-of-way in the County of Washington, State of Minnesota, are described as follows, to-wit: Perpetual Easement No. 1 for storm sewer purposes over, under and across the following described property: Lot 1, Beaudet Subdivision, Government Lot 4 , Section 34 , Township 30 North, Range 20 West, Washington County, Minnesota. Said permanent easement being 10 feet on each side of a line described as follows: Commencing 1 foot north of the southeast corner of Lot 1, Beaudet Subdivision and thence northwesterly to a point 55 feet west of the southeast corner and 5 feet north of the south lot line; thence northwesterly to a point 36 feet north of the southwest corner of Lot 1 and there terminating; also the west 25 feet of the south 220 feet of Lot 1. Perpetual Easement No. 2 for storm sewer purposes over, under and across the following described property: Lot 9, Beaudet Subdivision, Government Lot 4, Section 34 , Township 30 North, Range 20 West, Washington County, Minnesota. Said permanent easement being north of a line described as follows: Commencing 10 feet south of the northwest corner of Lot 9, Beaudet Subdivision and thence easterly to a point 75 feet east of the northwest corner and 5 feet south of the north lot line, thence easterly to a point 5 feet south of the northeast corner of Lot 9, and there terminating. Perpetual Easement No. - 3 for storm sewer purposes over, under and across the following described property: Lot 10, Beaudet Subdivision, Government Lot 4 , Section 34, Township 30 North, , Range 20 West, Washington County, Minnesota. Said permanent easement being south of a line described as follows: Commencing 10 feet north of the southwest corner of Lot 10, Beaudet Subdivision and thence easterly to a point 90 feet east of the gout west corner and 15 feet north of the south Lot line, thence easterly to a point 15 feet north of the southwest corner of Lot 10 and there terminating TO HAVE AND TO HOLD, said perpetual easements and rights-of- way unto the City of Oak Park Heights, Washington County, Minnesota, its successors and assigns, forever. B. Three temporary slope easements, such rights-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing sewer and water extensions, and the further right to remove bushes, trees, undergrowth, and other obstructions interfering in the location and construction of said sewer and water extensions . That said easements and rights-of-way located in the County of Washington, State of Minnesota, are described as follows, to-wit: { 4 2 Temporary Construction Easement No. 1 for storm sewer purposes over, under and across the following described property: Twenty-five feet either side of a line beginning at 1 foot north of the southeast corner of Lot 1, Beaudet Subdivision and thence north- westerly to a point 55 feet west of the southeast corner and 5 feet north Of the south lot line and thence northwesterly to a point 36 feet north of the southwest corner less the permanent easement described above of Lot 1, Beaudet Subdivision, Government Lot 4, Section 34, Township 30 North, Range 20 West, Washington County, Minnesota. Temporary Construction Easement No. 2 for storm sewer purposes over, under and across the following described property: The north 25 feet less the permanent easement described above of Lot 9, Beaudet Subdivision, Government Lot 4 , Section 34 , Township 30 North, Range 20 West, Washington County, Minnesota. Temporary Construction Easement No. 3 for storm sewer purposes over, under and across the following described property: The south 30 feet less the permanent easement described above of Lot 10, Beaudet Subdivision, Government Lot 4 , Section 34 , Township 30 North, Range 20 West, Washington County, Minnesota. TO HAVE AND TO HOLD, said temporary slope easements and rights- of-way unto the City of Oak Park Heights, Washington County, Minnesota, its successors and assigns until August 31, 1983, at which time the said easement shall cease. The parties of the first part do hereby covenant with the City of Oak Park Heights, that they are lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of any excavation for sewer and water extensions or any other purpose and that part of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that party of the second part will forthwith re-sod all areas, where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. - 3 - It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. It is further understood and agreed that party of the second part, its officers, agents or employees shall not commence construction on any of the above described property in such a manner as to disrupt the party of the first part' s business or dirveway until a time after May 15, 1983 , after which construction shall freely proceed upon any of the above described property. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed this / day of ;%? , 1983 . IN PRESENT OF: PARTIES OF THE FIRST PART r • <.G.., .��.rrl bert C. Bea det /4"," te_i_ ) V./.1.L.44... hi'. Beaudet STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this . 22 ? day of ?;t 4..i...4.1.- , 1983, before me a Notary Public within and for said County, personally appeared Albert C. Beaudet, to me known to be the person described in, and who executed the foregoing instrument, and acknowledge that he executed the same as his free act and deed. °�- La VQNNE C.WILSC1N NOTMIVPva.IC•MINNESOTA -- Notary Public, Washington Co. , MN t *. WASHINGTON CQUNTY A" My ComnNMbn Swims May?.*BM _Q_ STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) ,.l On thist--.�'91day of:j , 1983 , before me a Notary Public within and for County, personally appeared Jean S . Beaudet, to me known to be the person described in, and who executed the foregoing instrument, and acknowledge that she executed the same as her free act and deed.. La VOW*C.WILSON j U W NOT y RM• TA (- Notary Public, ashington Co. , MN . '' f1 WASHINGTON COUNTY N' RE� +,t IAfN CITY OF OAK PARK HEIGHTS PARTY OF SEC• D PART t1Lj". _ BY Its Mayor Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On thi t' day of ,/ ,,t,c, ' , 1983, before me Notary Pub ic, in and for said Cou y. and State appeared -c-Cal-r` and -,:31r- Or-,$4.4.4._to me me personally nown, who being by me first duly sworn, did say that they ar respectively the Mayor and Clerk of the City of Oak Park Heights, the municipal corporation described in and who executed on behalf of said City of Oak Park Heights, by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights. Vary ' •blic, Washington Co. , MN THIS INSTRUMENT DRAFTED BY: Lyle J. Eckberg 126 South Second Street P.O. Box 40 • Stillwater, Minnesota 55082 _V, 3 PUBLIC UTILITY EASEMENT AND AGREEMENT /4 ) � ) THIS INDENTURE, made this ,' day of //, «- t 1981, by and between Peter J. Dielentheis and Olga A. Dielentheis, husband and wife, parties of the first part; and the City of Oak Park Heights, Washington County, Minnesota, party of the second part. I WITNESSETH: WHEREAS, Peter J. Dielentheis and Olga A. Dielentheis, are the owners in fee simple of the real estate hereinafter described. That for and in consideration of the sum of One Thousand Six Hundred and No/100ths Dollars ($1,600.00) , and the other good and valuable considerations, the receipt whereof is hereby acknowledg the parties of the first part, have this day bargained and sold, and by these presents, do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A. A perpetual easement for public utility purposes and a perpetual easement for sewer and water with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain and repair any lines, equipment, materials, or other items of the public utility, for the purpose of maintaining, repairing or replacing the said public utility service or equipment over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said public utility service, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public utility service . That said perpetual public utility easement and right-of-way in the County of Washington, State of Minnesota, is described as follows, to-wit: Commencing at the northwest corner of Section 4, Township 29 North, Range 20 West, thence easterly 460.89 feet at 90°09' 33" ; thence southerly 33 .59 feet at 178°32 '40" to the point of beginning; thence southerly 17. 0 feet at 179046 '16" thence northeasterly 65.0 feet at 74°13 ' 29" thence westerly 62.62 feet at 270009 ' 33" to the point of beginning. Said perpetual public utility easement being contained in the following described property: The West 633 feet of the NWa of NW4 of Section 4, Township 29 North, Range 20 West, excepting the south 550 feet thereof, subject to easements, restrictions and charges of record. TO HAVE AND TO HOLD, said perpetual easement and right- of-way unto the City of Oak Park Heights, Washington County, Minnesota, its successors and assigns, forever. B. A temporary construction easement, such right-of- way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing sewer and water extensions, and the further right to remove bushes, trees, undergrowth, and other obstructions - 2 - interfering in the location and construction of said sewer and water extensions. That said easement and right-of-way located in the County of Washington, State of Minnesota, is described as follows, to-wit: Said temporary easement being described as follows: The 15 feet immediately south and adjacent to the south right-of-way of Trunk Highway 212 and the 10 feet immediately east and adjacent to the east right-of-way of Oakgreen Avenue between property irons B-24 and B-26 as shown on Minnesota Department of Transportation right-of-way Plat No. 82-18. TO HAVE AND TO HOLD, said temporary construction easement and right-of-way unto the City of Oak Park Heights, Washington County, Minnesota, its successors and assigns until July 31, 1983 at which time the said easement shall cease. The parties of the first part do hereby covenant with the City of Oak Park Heights, that they are lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition excepting trees, bushes and undergrowth removed in order to facilitate construction, as it was prior to the time of any excavation for sewer and water extensions or any other purpose and that party of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. - 3 - It is further understood and agreed that party of the second part will forthwith re-sod all areas, where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed this ?. day of 72-2a- 1985. IN PRESENCE OF: PARTIES OF THE FIRST PART • /__/77 /,,d/ Peter J r Dielentheis (/ r s l Olga ,A7. Dielentheis 1 ` STATE OF MINNESOTA ) ,i ) ss. COUNTY OF WASHINGTON) ., On this day of MO- L._ -- ..--- , 198$, before i me a Notary Public within and for said County, personally I appeared Peter J. Dielentheis and Olga A. Dielentheis, husband and wife, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledge that they executed the same as their free aG and de d. - /--/ , /, Notary Public c`J I1y commission expires 1-31-8S IN PRESENCE OF: CITY OF OAK PARK HEIGHTS I PARTY OF i7LLj ON ,PART ,f /t c-11,JeC y By Its Mayor prAdi S,,I.,(1z., _ -------70....(..)....,.....-4,-7----A...."-44 ......--, y Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 198 , before me a Notary Public, in and for said County and State appeared and to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights, the municipal corporation described in and who executed in behalf of said City of Oak Park Heights, by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights. Notary Public THIS INSTRUMENT DRAFTED BY: Lyle J. Eckberg 126 South Second Street P.O. Box 40 Stillwater, Minnesota 55082 y`i33 IF PUBLIC UTILITY EASEMENT AND AGREEMENT THIS INDENTURE , made this � day of 1983 , by and between Dora A. Koller , party of the first part ; and the City of Oak Park Heights , Washington County , Minnesota , party of the second part . WITNESSETH: WHEREAS , Dora A. Koller is the owner in fee simple of the real estate hereinafter described. That for and in consideration of the sum of One Dollar ($1 .00 ) an d other good and valuable considerations , the receipt whereof is hereby acknowledged, the party of the first part , has this day bargained and sold, and by these i(( presents , does bargain , sell and transfer unto the City of Oak Park Heights , its successors and assigns the following: A. A perpetual easement for public utility purposes and a perpetual easement for sewer and water with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain and repair any lines , equipment, materials, or other items of the public utility, for the purpose of maintaining, repairing or replacing the said public utility service or equipment over , across , through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said public utility service , and the further right to remove trees , bushes , undergrowth, and other obstructions interfering in the location, construction and maintenance of said public utility service. f' That said perpetual public utility easement and right-of-way in the County of Washington , State of Minnesota, is described as follows , to-wit: The North 15 feet of the east 15 feet of the real property described in Exhibit "A" attached hereto and incorporated by reference herein. TO*HAVE AND TO HOLD, said perpetual easement and right-of-way unto the City of Oak Park Heights , Washington County, Minnesota, its successors and assigns , forever. B . Two temporary slope easements , such rights-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of con- structing sewer and water extensions , and the further right to remove bushes , trees , undergrowth, and other obstructions interfering in the location and construction of said sewer and water extensions . That said easements and rights-of-way located in the County of Washington, State of Minnesota, are described as follows, to-wit: Temporary Construction Easement No. 1 for storm sewer purposes over , under and across the following described property: the north 30 feet of the east thirty feet of the property described in Exhibit "A" attached hereto and incorporated by reference herein. Temporary Construction Easement No. 2 for storm sewer purposes over , under and across the south 20 feet of Lot 6 , Block 2 , Elfelt ' s Addition to Oak Park as the same is platted and of record in the office of the County Recorder in and for Wash- ington County, Minnesota. TO HAVE AND TO HOLD, said temporary slope easements and rights-of-way unto the City of Oak Park Heights , Washington - 2 - County, Minnesota , its successors and assigns until August 31 , 1983 at which time the said easement shall cease. The party of the first part does hereby covenant with the City of Oak Park Heights , that she is lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of any excavation for sewer and water extensions or any other purpose and that party of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that party of the second part will forthwith re-sod all areas , where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. IN WITNESS WHEREOF , the said parties have caused this instrument to be executed this .3 day ofA 198 3. IN PRESENCE OF : PARTY OF THE FIRST PART g).- a. /6.1. Dora A. Koller - 3 - r. STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this .. day of 1983 , before me a Notary Public within and for said County, personally appeared Dora A. Koller , to me known to be the person described in, and who executed the foregoing instrument, and acknowledge that she executed the same as her free act and deedd.jf gated �- Notary Public M. Eli` wAsev414314 COUNT, My Comm,WM*M MW t.1961 4- : CITY OF OAK PARK HEIGHTS PARTY OF SECOND PART - (1 jJ )4Ad't/ BY Its Mayor/ Gr Its Clerk STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1983 , before me a Notary Public , in and for said County and State appeared and to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights , the municipal corporation described in and who executed in behalf of said City of Oak Park Heights , by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights . Notary Public THIS INSTRUMENT DRAFTED BY: Lyle J. Eckberg 126 South Second Street P. O. Box 40 Stillwater , MN 55082 - 4 - • y EXHIBIT "A" • All that part of Section Three ( 3) , Township Twenty-nine ( 29) North of Range Twenty (20) , bounded and described as follows : Beginning at a point in the East line of Main Street in the Village of Oak Park Heights , One Hundred Fifty-eight ( 158) feet South of the North line of the Mill Road, so-called) , said line being the South line of a certain tract of land conveyed by David Cover and wife to James Elliott by deed recorded in Book "X" of Deeds , page 410 , said point being the Southwest corner of that certain tract of land conveyed by Elizabeth Cover to H. D. Campbell by deed recorded in Book 40 of Deeds, page 534; running thence Easterly along the South line of said land so conveyed to Campbell to the Southwest corner of the land hereto- fore conveyed by Elizabeth Cover to John Person by that deed recorded in Book 35 of Deeds , page 121 ; thence Easterly along the South line of said lot so conveyed to Person to the Southeast corner of said lot ; thence Easterly on a continuation of the aforesaid South line of said lot for a distance of Thirty-one ( 31 ) feet six (6 ) inches ; thence Northerly on a line parallel with the East line of said lot so conveyed to Person a distance of Seventy-three (73 ) feet , more or less , to the South line of the Mill Road, so-called; thence Easterly along the South line of the Mill Road, so-called, to the West line of the railroad right-of-way deeded by John Utecht and wife to State of Minnesota by deed recorded in Book 68 of Deeds , page 27 ; thence Southerly along the West line of said railroad right-of-way to the Southerly line of that certain tract of land conveyed by Susan Parker to Elizabeth Cover by deed recorded in Book 19 of Deeds, page 607 ; thence Westerly along the Southerly boundary of said tract so conveyed to Elizabeth Cover to the East line of Main Street aforesaid at the Southwest corner of said last mentioned tract; thence Northerly along the East line of said Main Street , One Hundred Thirty-one ( 131) feet , more or less , to the place of beginning. Subject, however , to an easement of record in favor of the Northern States Power Company recorded in Book 205 of Deeds, page 25 for the construction, operation and maintenance of a wood pole electric transmission line. PUBLIC UTILITY EASEMENT AND AGREEMENT J f: THIS INDENTURE , made this ! day of Jl= / c:;„3 'CJ , by and between Merle E. Strohbehn and Harriett A. Strohbehn, husband and wife, and the City of Oak Park Heights , part iesof the first part ; Washington County , Minnesota , party of the second part. WITNESSETH: WHEREAS , Merle E. Strohbehn and HarrieA, owner(s) inrteehsimple of the real estate hereinafter described. owner s) That for and in consideration of the sum of One Dollar ($1 .00) and other good and valuable considerations , the receipt whereof is hereby acknowledged, the parties of the first part , have this day bargained and sold , and by these ain, sell and transfer unto the City of presents , do_ barg Oak Park Heights , its successors and assigns the following: A. A perpetual easement for public utility purposes and a perpetual easement for sewer and water with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain and repair any lines , equipment, materials , or other items of the public utility, for the purpose of maintaining, repairing or replacing the said public utility service or equipment over , across , through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said public utility service , and the further right to remove trees , bushes , undergrowth, and other obstructions interfering in the location, construction and maintenance of said public utility service. J lb That said perpetual public utility easement and right-of-way in the County of Washington, State Of Minnesota , is described as follows , to-wit: The East 75 feet of the north 10 feet of Lot 2, Block 1, Beaudet Addition, as the same is platted and of record in the office of the County Recorder in and for Washington County, Minnesota. TO HAVE AND TO HOLD, said perpetual easement and right-of-way unto the City of Oak Park Heights , Washington County, Minnesota , its successors and assigns , forever. B. A temporary slope easement, such right-of-way to be the right to enter upon the real estate hereinafter described and grade and excavate land for the purpose of constructing sewer and water extensions , and the further right to remove bushes , trees , undergrowth, and other obstructions interfering in the location and construction of said sewer and water extensions. That said easement and right-of-way located in the County of Washington, State of Minnesota, is described as follows, to-wit: The east 95 feet of the north 25 feet of Lot 2, Block 1, Beaudet Addition, as the same is platted and of record in the office of the County Recorder in and for Washington County, Minnesota. -2- A TO HAVE AND TO HOLD , said temporary slope easement and right-of-way unto the City of Oak Park Heights , Washington County, Minnesota, its successors and assigns until August 31, 1983 at which time the said easement shall cease . The part iesof the first part do hereby covenant with the City of Oak Park Heights , that they are lawfully seized and possessed of the real estate above described. It is also understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of any excavation for sewer and water extensions or any other purpose and that party of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that party of the second part will forthwith re-sod all areas, where " necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. IN WITNESS WHEREOF , the said parties have caused this instrument to be executed this '- Y day of s„,.., ! i i'? , 1luilbW. IN PRESENCE OF : - PA IES/OIT THE ' IRST PART _ / Merle E. trohbehn •arrie • . � ` STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) ct S 3 On this =2-4711 day of ,�i,'l IA,ck_C,),c , '1982", before me a Notary Public within and fo ' said Co : ty, personally appeared Merle E. Strohbehn ane Harriett A. Strohbehn, husband and wife to me known to be the persons described in, and who executed the foregoing instrument , and acknowledge that they executed the same as their free act and deed. a ,t) ti k , Notary Public IN PRESENCE OF : CITY OF OAK PARK HEIGHTS PARTY OF SECOND ART • l ` BYl, ice'. t'vwwt� / Its Mayor , I Clerk STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1982 , before me a Notary Public , in and for said County and State appeared and to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights , the municipal corporation described in and who executed in behalf of said City of Oak Park Heights, by authority of the City Council of the City of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights . Notary Public THIS INSTRUMENT DRAFTED BY: Lyle J . Eckberg 126 South Second Street P. O. Box 40 Stillwater, MN 55082 -4- 269 f' 3 • SANITARY SEWER AND WATER AGREEMENT EASEMENT AND A G THIS INDENTURE, made this /4647 day of (40"..4i- 1968 by and between JAMES L. WALLACE and CAROL E. WALLACE, husband and wife, parties of the first part; and the VILLAGE OF OAK PARK HEIGHTS, Washington County, Minnesota, party of the second part, WITNESSETH: WHEREAS, JAMES L. WALLACE and CAROL E. WALLACE are the owners in fee simple of the real estate hereinafter described, That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, the receipt whereof is hereby acknowledged, the parties of the first part have this day bargained and sold, and by these presents, do bargain, sell and transfer unto the VILLAGE OF OAK PARK HEIGHTS, its successors and assigns, a fifteen (15) foot permanent sanitary sewer and water easement and a twenty-five (25) foot temporary construction easement, said construction easement to last for a period of six (6) months, and right-of-way to be a perpetual right and the right to enter upon the real estate hereinafter described at any time that they may see fit, and construct, maintain and repair underground pipelines for the purpose of conveying sewage and water over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said pipeline and/or mains, and the further right to remove trees, bushes, undergrowth, and other-.obstructions interfering in the locations, construction and maintenance of said pipelines and/or mains. That said sanitary sewer and water easement and right- of-way located in the County of Washington, State of Minnesota, is described as follows, to-wit: A fifteen (15) foot permanent sanitary sewer and water easement described as follows, to wit: The West fifteen (15) feet of Lot Sixteen (16) , and the West fifteen (15) feet of the South fifteen (15) feet of Lot Fifteen (15) , Block Three (3) , McMillen and Cooley's Addition to the City of Stillwater, according to the plat thereof on file and of record in the office of the Register of Deeds, Washington County, Minnesota. A twenty-five (25) foot temporary construction easement described as follows, to-wit: The West twenty-five (25) feet of Lot Sixteen (16) , and the West twenty-five (25) feet of the South fifteen (15) feet of Lot Fifteen (15) , Block Three (3) , McMillen and Cooley's Addition to the City of Stillwater, according to the plat thereof on file and of record in the office of the Register of Deeds, Washington County, Minnesota. TO HAVE AND TO HOLD said easement and right-of-way unto the VILLAGE OF OAK PARK HEIGHTS, Washington County, Minnesota, its successors and assigns, forever. The parties of the first part do hereby covenant with the VILLAGE OF OAK PARK HEIGHTS that they are lawfully seized and possessed of the real estate above described; and that it is free from all encumbrances, and that they will forever warrant and defend the title thereto against the lawful claims of all persons whomsoever. It is also understood and agreed that party of the second part will restore said lands to as good or better a condition as it was prior to the time of said excavation for said sewage and water pipeline, and in the event of repair or . _ maintenance to said sewage and water pipeline, party of the second part will restore said lands to as good or better a condition as practical as it was prior to said excavation, and that party of the second part will restore any fencing that is necessary to remove or become damaged during the process of excavating or the subsequent repair. It is further understood and agreed that party of the second part will forthwith re-sod all areas on said lands from which it is necessary to remove or damage the sod thereon, during the process of excavating or subsequent repair. It is further understood and agreed that party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of excavating or subsequent repair. It is further understood and agreed by and between the parties hereto that in the event party of the second part at any time discontinues the use of the property for the purposes granted herein, then and in such event this easement together with all rights and privileges granted hereunder shall terminate. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed this AA day of 0,0 , 1968. IN THE PRESENCE OF P;TIES OF THE7FIRST PART: ''''' dr./91 1:,a./0.1 ko/ra 4"(*.foi V di4 /4 / /r //,,,., (-2 ( lames : Wallace 0.--.--,g.-Ar C, te--04-0-1/4 Carol E. Wallace IN THE PRESENCE OF: VI GE OF OAK P HEIGHTTS:; 644X4,9 (1,?4C'ididAna,"77 ) „ha ,,,-. ...)...,e.:May . /Ci Cletk- iD :: •ear• STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) On this / Ll'` day of _ „ . �,� , 1968, before me, a Notary Public within and for sai. County, personally appeared James L. Wallace and Carol E. Wallace, husband and wife, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. N t y Public, Wash. Co., Minn. JAMES F. LAMMERS, Notary Pubk yV'' Washington County, Minn STATE OF MINNESOTA ) My Commission EKpites fee: ,.�97 ;: , Ss• COUNTY OF WASHINGTON) `` t On this ) 4/1A day of , 1968, before me, a Notary Public, in and for said Cogt y and State, appeared Raymond N. Johnson and Kenneth Heuer, to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the Village of Oak Park Heights, the municipal corporation described in and who executed the foregoing instrument; that the seal affixed to said instrument was executed in behalf of said corporation by authority of the Council of the Village of Oak Park Heights and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said corporation. No y Public, Wash. Co., Minn. .EIIES'F. LAMMERS, Notary Public `Washington County, Minn My Commission Expires Dec,.6, 191. • o 0'0 , :41 = cto et 1,...1 co 0 0 x, : -•••• = ° ii. 0 o. c7) ;. q , -ri. • 07. ct) --... = CI) =.• •1:, O. GO — — C/3 kl, ' ' V) .. . 7 •=4" P . — , 0 — 0 •--. 1. 0 co 9 • o • ' ° 1 '•' 0%a' 3 c,. k "7 • • •• WHEREFORE, the Village of Oak Park Heights request the City of Stillwater to grant to said. Village a twenty (20) foot permanent sanitary sewer easement and a sixty (60) foot temporary construction easement, centered on a line described as follows, to-wit: Commencing at a point on the platted centerline of First Street which is thirty-three (33) feet South of the South line of Lot Seven (7)', thence south- westerly 28.2- feet to the point of beginning on the East line of Block Six (6)t thence southwesterly along the same line 169.4 feet to a point on the West line of Lot Eleven (11) , there ending. o Cler -2- South through the 'said•premises conveyed to the State of Minnesota by deed recorded in Book 68 of Deeds, page 325, according to the United States Government Survey thereof the parties hereto, ,hereby,; specifically covenant to keep and perform, the following terms, covenants and conditions, to-wit: - 1. The easement granted herein gives the Grantee, its ' successors and assigns, the right and privilege to enter upon the premises described herein at any time they may see fit and construct, maintain and repair said surface water drainage line, for the purpose,;of`=conveying surface water over, across, through and under the lands hereinbefore described together with the ` right to excavate and refill ditches and/or trenches for the location of said surface water drainage line and the further right to remove trees, bushes and undergrowth for the construction and maintenance of said surface water drainage line. 2. It is agreed that Grantee shall restore said . premises, as nearly as possible, to the same condition as it was prior to the time of said excavation for said surface water drainage line and in the event of repair or maintenance of said line, restore said premises to nearly the same conditions as practical as it was prior to said excavation. It is further a.. agreed that Grantee will restore any fencing that is necessary to remove or become damaged during the process of excavating or the subsequent repair of said line. 3 . It is further agreed that as part of the consider- ation. of this grant, Grantor=s will not be assessed for the construction, maintenance and repair of the above described surface water drainage line. 4. In the event Grantee at any time discontinues the use of the property for the purposes granted herein, then and in such event, this easement together with all rights and privileges granted hereunder shall terminate. Grantee in its use of the property shall comply with all pertinent",laws, codes .and:ordinances. -2- IN-WITNESS WHEREOF, the said party has caused this instrument to be executed this - ,/ 2. ,- �' day of (t. ' 1 1968. IN THE PRESENCE OF: _i/-z I"Le,/ fr- "1-'7 3,-->--?--t--i--- 4,7,-a44-62. ei_.%1..d.....- ___.- /jJ Lawrence C. Larson ii.4 .4a_ _9, CIAA . D,4-r,a-ax� VILLA OF OAK PARK .r IGHTS By .e v M r CBy `�V—t.%)-/C.:4,..,-, ..-. Lek STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) On this /7 day of �/�t� , 1968, before me, a Notary Public within and for saiQ�/county, personally appeared - Lawrence C. Larson, to me known to be the person described in, _- and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. ..4.-i Nat- 'y Public, Wash.�Co., Minn,eaota JAMES E. tAMMERS, Kota Pd C ,.1, .. wash/neon to ,';MtflR. STATE OF MINNESOTA ) - My Commissio*kWxpires Dec. 6, 1973:, t:> ss. r COUNTY OF WASHINGTON) On this /2l'day of 42 ,-./. /..z.-- ,t 1968, before :ine, ' ;, a Notary Public in and for said Coy'"ty and State, appeared Raymond N. Johnson and Kenneth Heuer, to personally known, who being by me first duly sworn, did say that they are respectively .' the Mayor and Clerk of the Village of Oak Park Heights, the municipal corporation described in and who executed the foregoing. instrument; that the seal affixed to said instrument was executed in behalf of said corporation by authority of the Council of the • Village of Oak Park Heights and said Mayor :.a nd Clerk acknowledged said instrument t:.o•be .the ;'free =act; and deed of said corporation. M r j //L�/np 1L - (�'`rte v! �b' 9 ' :1;; ?y Public:, Was Co. Minnesota ~ ., IAMES E LAMMERS, Notary Pubtk � Washington County Minn, 1973 ili�r,Commission Expires Bee. 6 i